Shoplifting, Larceny, Robbery, Theft Is it stolen or not?

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jstayoung1

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I let a "friend" borrow my car on Sunday, February 25th, to go to the store and back. However, as of today, Thursday, March 1st, my car has not been returned. I have talked to him a few different times on the phone, and he said he was bringing my car back to me, and gave me some excuse as to why he hadn't returned it yet. It has been four days since he borrowed my car, and I want it back. I was told the whereabouts of my vehicle, which is in Atlantic, IA, approximately 65 miles away from where I live.

What can I do to get my vehicle back? Can I call the police and report it stolen? Please help.

Thank you,
jstayoung1
 
Yes it would be considered stolen since you have asked for the car back and he refuses to return it. I would be calling the police.
 
You may want to contact the police. In my state this would NOT be a "stolen" vehicle as it was not taken against your will. It might be an embezzled vehicle, but your state law might govern the time frame or circumstances under which this would be an arrestable offense.

Per NCIC regulations an embezzled vehicle cannot be entered as embezzled until a warrant for the arrest of the driver has been issued by the DA. However, many jurisdictions do this anyway.

So, you want the car back ... do you also want the "friend" to go to prison? if the answer is, "no", then you might consider going with a friend to get the car back yourself.

- Carl
 
CdwJava said:
... You may want to contact the police. In my state this would NOT be a "stolen" vehicle as it was not taken against your will. ...
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In California, if a person asks for the return of loaned property and it is not returned, that is NOT a crime, is that correct?
 
seniorjudge said:
In California, if a person asks for the return of loaned property and it is not returned, that is NOT a crime, is that correct?
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It is not "theft", though it could be embezzlement depending on the circumstances. NCIC, however, requires that a warrant be issued for the driver before the entering agency can enter it as "stolen" ... though this is rarely adhered to.

The reason being that if it were theft not to return something on time, then the police would be called every time someone was late oin a payment or the return of a rental video. The police (at least in CA) are not in the habit of being debt collectors.

- Carl
 
Those rental places are constantly calling the cops!:no:
 
seniorjudge said:
Those rental places are constantly calling the cops!:no:
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Not out here. Rental cars, yes (there is an exception carved out for commercial rental vehicles), others, no. Those are dispositioned as: "10-8, civil."

- Carl
 
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