What are the remedies regarding jewelry stolenby my roommate’s friend?
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What are the remedies regarding jewelry stolenby my roommate’s friend?
I am sharing a house with a “roommate” (no other relationship) who has wild parties frequently. Now several thousand dollars of jewelry is missing from the jewelry box (kept in a bathroom closet – access to this master bath is through my bedroom (I was out of town). My roommate feels bad that one of his guests stole my jewelry but doesn’t feel any responsibility. I plan to move out, as his parties are numerous, loud and now include “apparent” theives. We do not have a lease, so moving out is not a problem. I don’t have pictures or receipts as the diamond necklace and bracelet were gifts.
Asked on December 29, 2011 under Real Estate Law, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You should contact the police. The police could investigate those who were present at the party and hopefully apprehend the thief. Criminal charges for larceny should be filed against the thief. You can provide a description of the stolen jewelry and identify those items when they are recovered by the police. Larceny is the trespassory taking and carrying away of the personal property of another with the intent to permanently deprive you of your personal property.
In addition to the criminal case, you could also sue the thief for conversion. Conversion is the unauthorized assumption and exercise of the right of ownership over the personal property of another to the exclusion of the owner's rights. Conversion is any unauthorized act which deprives the owner of his/her property permanently or for an indefinite time.
Your damages (the amount you are seeking to recover in a lawsuit for conversion) is the forced sale which means the value of the jewelry that was stolen.
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