House got broken into and wallet & checkbook stolen. What now?

[funn1bunn1]

A robber broke into our garage yesterday at 6AM, found my dad's wallet, looked through my mom's car, completely messed up all her work documents and stole her checkbook and other valuables.

Cops showed up at our house later in the morning, returning a few of my dad's credit cards from his wallet and his ID, but we're still missing a few credit cards and my mom's checkbook. The guy had apparently already got gas (on a stolen car from elsewhere) and bought himself McDonald's.

My question is: What are my rights? Why don't we get to see who this guy is, and why don't we get to sue him for the rest of our things? He already got caught using the credit card, he's probably on the cameras at McDonald's anyway, there's proof.

I realize he probably doesn't have much anyway. But for the trouble he's causing us what can we do? Shouldn't we be able to sue him in civil court as well?

Thanks in advance for your help.

 

[burghbiz]

You would think you would be able to sue him and find out who it is, but unless he is prosecuted you probably will not ever find out his identity.

Most credit card companies will just erase the fraudulent charges but they will never give out information like you want, basically if they do then that guy can sue them... crazy right ...

 

[CdwJava]

My question is: What are my rights?

That depends ... what was stolen that belonged to you?

Your parents, on the other hand, have some rights as victims.

http://gov.ca.gov/issue/victims-rights/
http://www.1800victims.org/

Why don't we get to see who this guy is, and why don't we get to sue him for the rest of our things? He already got caught using the credit card, he's probably on the cameras at McDonald's anyway, there's proof.

Do you know someone was taken into custody? The fact the police have the items does not automatically infer that they have a suspect in custody. They may or may not have an identified suspect in custody yet.

If a suspect IS in custody, and is ultimately prosecuted, your family will likely be called as witnesses or called upon to provide descriptions and estimates for the value of stolen property and replacement costs. If convicted, prior to sentence, the Probation Department should get in touch with your family about the impact and financial burden the thefts had upon any of you. Restitution will almost certainly be added.

None of this would prevent you from suing the thief. However, chances are the thief has no assets, so suing him or her may result in you paying an attorney so you can get a lien on future earnings on welfare or from some minimum wage job that will be less than the minimum necessary to compel the court to garnish any wages. So, before you sue, you should find out about the resources the thief or thieves might have.

I realize he probably doesn't have much anyway. But for the trouble he's causing us what can we do? Shouldn't we be able to sue him in civil court as well?

The criminal courts will punish any suspects for the crime. Your parents can sue him for damages or pain and suffering, but unless we are talking about a high dollar value in loss and damages, then it would be a small claims action, and you do not get pain and suffering damages in small claims court.


- Carl

 

[funn1bunn1]

Thanks so much for your inputs, guys.

Yes, they do have someone in custody. We did not get to see the guy, so we won't be able to be witnesses. They have plenty enough proof that this was the guy, though, as they found our credits cards on him. I am sure the guy won't have many assets, but I was just baffled that the criminal system would take the matter in their own hands without letting us handle it ourselves in any such way, not that I'm complaining too much about that. It's just an annoyance that he still has some of our things and even though he was caught right away, we didn't get it all back.

I suppose it's not worth our time and money to sue him, seeing as he stole our credit cards and STILL his choice of dining was McDonald's.

 

[CdwJava]

The system requires evidence. The best evidence is the item itself. In general,the evidence will be held until after trial and until after any appeal time has passed. After that, you can go to the DA or the court and ask that the evidence be released. The police will rarely release evidence without the DA permitting it or the court ordering it.

And no one is stopping you from doing your thing. You CAN handle it yourselves through civil court as well,if you want. You just have to ask yourself if it is worth the expense.

- Carl

 

[raskalnikov]

McDonald's coffee is improving, but, not as good as Tim Horton's.

 

[tpajet]

The underlying question is what are you really going to sue for? Any purchases he made (the gas and food) will be refunded by the card company, as long as the cards were properly reported stolen.

Now if someone started using the checks, then that could turn into a mess, and you might have a case, but then again, the check numbers should be reported stolen to the bank so they can be canceled out.

Ultimately it sounds like you are wanting to sue him to make it worse on him just for breaking in. That's good fine and dandy, but so far you really haven't lost anything.

 

[raskalnikov]

I think with most credit cards you are liable for $50.

 

[tpajet]

The law says you are not liable for more that $50, however many card companies now have zero liability, so you as the cardholder don't even have to worry about the first $50.