ex-boyfriend has kept my property

[jessicam]

A year and a half ago I purchased a motorcycle for my then boyfriend. I now have a restraining order against him do to an assault and he took the motorcycle and will not return it. I found out in October that the motorcycle had been in an accident and was totaled. He claimed insurance under a friend saying that that person had backed up into it. He received a payment from the insurance company in his name. I was never notified of the accident. I contacted the insurance company and had the information faxed to me and he had stated he was the motorcycle owner and signed a salvage form verifying he was the owner. This in my eyes is fraud because he knowingly signed as the owner when he wasn't and accepted the payment as his. Is this right? I am taking him to small claims for the insurance payment and motorcycle. My main question is can I press criminal charges against him because he still has in his possession the motorcycle? He did give me $600 right before the assault against me, but he has owed me quite a bit of money for a cell phone I was paying for him and other things. I just want to get some legal advice before I press charges. If I can press charges would it be for stolen property or for fraud for incorrectly signing as the owner and cashing the payment? Thanks!

 

[seniorjudge]

Sue the bad person in small claims court for the actual and direct amount of damages (that is, a certain dollar amount).

I am taking him to small claims for the insurance payment and motorcycle. My main question is can I press criminal charges against him because he still has in his possession the motorcycle?

You may want to report this to the cops as well as the small claims action; the cops will probably say it is a domestic civil dispute and they do not want to get involved.