Shoplifting, Larceny, Robbery, Theft Relative stole everything from me

O

opendesertvista

New Member
Jurisdiction
Nevada
Hi, I was renting an in-law unit from a family member my mom we did not have an official agreement on paper, I was displaced and charged with battery and a TPO against me because she kept harassing me. And I couldn't get my belongings back because of the no contact and the TPO and then I find out 3 months later that she threw everything away or stole everything from me and says that she threw it away and it was about $10,000 worth of belongings that were all in excellent to new condition what can I do?
Thanks
 
Hi,
I was charged with a battery and I had to take the charge in a plea deal otherwise she was going to testify against me but there wasn't much evidence but anyways my question is I was displaced from the residence that I was renting from but it wasn't an official rental agreement it was a verbal agreement with the family member and then in this time that the battery charge happened all my possessions were still at the residence and then I found out 3 months later when the case is settling that they stole everything or through everything away supposedly but most likely they stole everything because it was a lot of valuables like $10,000 worth of my life possessions that were all mostly in excellent to new condition what can I do here other than file a police report is there a way that I can sue or do something else other than small claims court?
Thanks I can't seem to get any answers from anybody or any lawyers that are willing to help me or point me in the right direction nobody wants to even hear this case.
I don't have pictures of all of my stuff I only have my bank statements my Amazon order history my eBay order history my Walmart history my harbor freight receipt history etc I didn't take pictures of everything that I have home Depot stuff also thank you.
 
opendesertvista said:
wasn't an official rental agreement it was a verbal agreement with the family member and then in this time that the battery charge happened all my possessions were still at the residence and then I found out 3 months later when the case is settling that they stole everything or through everything away supposedly but most likely they stole everything because it was a lot of valuables like $10,000 worth of my life possessions that were all mostly in excellent to new condition what can I do here other than file a police report is there a way that I can sue or do something else other than small claims court?
Click to expand...

Statue of Frauds

The term Statute of Frauds refers to a law that requires certain types of contracts be made in writing, and signed by the parties to the agreement. Such statutes, which vary by state, serve to protect the parties from fraudulent acts in respect to the contract. The contract need not be written in formal language, and it is not even necessary that both parties sign the agreement. Contracts written in accordance to the Statute of Frauds must be signed by the party against whom the contract will be enforced.

Statute of Frauds - Definition, Examples, Cases, Processes

Statute of Frauds defined and explained with examples. Statute of Frauds is a rule of law requiring certain types of contracts to be made in writing.
legaldictionary.net

In the future, don't get into shouting matches, violent attacks with words or fists.

Remain calm and in control at all times.

Renting or buying real estate contracts must be in writing, as verbal agreements mean nothing, thanks to The Statute of Frauds.
 
opendesertvista said:
what can I do here other than file a police report is there a way that I can sue or do something else other than small claims court?
Click to expand...
Those are the two obvious legal avenues for you. You could also sue in "regular" court (vs. small claims court), but that is more expensive, complicated, and likely overkill in your situation.
 
opendesertvista said:
And I couldn't get my belongings back because of the no contact and the TPO
Click to expand...

Actually, that's not true.
There were likely directions on the TPO on how to get a civil standby so that you could retrieve belongings.
You could have looked up information at: State of Nevada Self-Help Center - Self-Help

You could try to file something with small claims (the limit is $10k).
1) Good news: You need to be able to prove the value of the missing property and that it was yours.
opendesertvista said:
I don't have pictures of all of my stuff I only have my bank statements my Amazon order history my eBay order history my Walmart history my harbor freight receipt history etc.
Click to expand...
Order/receipt history is actually better than photos for determining that you purchased property and its value when new.

2) While you may not have had a written lease, you may be able to show that you were a tenant. Things that could support this is proving that this has been your mailing and billing address.

3) Bad news: The other party may claim that they were just disposing of abandoned property. You have a limited time after departing to retrieve your property. That time is well under 3 months. So the other party may claim that they were just getting rid of abandoned property. However, WHEN they tossed your stuff could be relevant. Like, if they threw out your property the same week as the TRO being issued, then you might have a case.
 
army judge said:
Statue of Frauds

The term Statute of Frauds refers to a law that requires certain types of contracts be made in writing, and signed by the parties to the agreement. Such statutes, which vary by state, serve to protect the parties from fraudulent acts in respect to the contract. The contract need not be written in formal language, and it is not even necessary that both parties sign the agreement. Contracts written in accordance to the Statute of Frauds must be signed by the party against whom the contract will be enforced.
Click to expand...

The statute of frauds does not apply to landlord-tenant agreements. Most states, if not all, allow for oral rental agreements.

Nevada Revised Statute 118A-160 defines rental agreement as:

"any oral or written agreement for the use and occupancy of a dwelling unit or premises."

law.justia.com

2023 Nevada Revised Statutes :: Chapter 118A - Landlord and Tenant: Dwellings :: NRS 118A.160 - "Rental agreement" defined.

Justia Free Databases of US Laws, Codes & Statutes
law.justia.com law.justia.com
 
Red Kayak said:
Actually, that's not true.
There were likely directions on the TPO on how to get a civil standby so that you could retrieve belongings.
You could have looked up information at: State of Nevada Self-Help Center - Self-Help

You could try to file something with small claims (the limit is $10k).
1) Good news: You need to be able to prove the value of the missing property and that it was yours.

Order/receipt history is actually better than photos for determining that you purchased property and its value when new.

2) While you may not have had a written lease, you may be able to show that you were a tenant. Things that could support this is proving that this has been your mailing and billing address.

3) Bad news: The other party may claim that they were just disposing of abandoned property. You have a limited time after departing to retrieve your property. That time is well under 3 months. So the other party may claim that they were just getting rid of abandoned property. However, WHEN they tossed your stuff could be relevant. Like, if they threw out your property the same week as the TRO being issued, then you might have a case.
Click to expand...
I did do a civil standby but they only gave me 15 minutes to get essential toiletries bs.
 
They never gave me a chance to get my stuff except for 15 minutes with the civil standby and it's too much stuff to get in 15 minutes and there was no contact order in a TPO so I could not go there and I didn't have anybody that would and she wouldn't respond to anybody and I couldn't hire movers or rent a storage.
 
It was like she made it impossible for me to get my possessions back, throughout the 3 months of the case the attorney would have the investigator call her to see if she wanted to press charges or whatever she wanted to do and whatever she had to say and whether she wanted to testify, and they asked her can he get his possessions back and she never came forthcoming and said that it was okay to come get his possessions and then a week before the case was getting settled and I was going to take the plea deal she told the investigator that all of my stuff has been thrown away.
So it's like she intentionally wanted to keep all my stuff and sell it or my brother sold it because he doesn't really work and he's kind of a scam artist that would sell stuff online.
 
And then she also made a false statement to the attorney saying that the court said she could throw everything away and that she notified my girlfriend that he only has 30 days to get his stuff and she didn't notify my girlfriend because she would have told me.
 
And it's actually a very lengthy process to put in this police report because there's so many things that she stole from me. So is it better to have an attorney to sue her in normal court and what type of attorney am I going to be looking for to do this and what am I going to be suing for damages I can't seem to get an answer from anybody when I call local attorneys, thanks.
 
opendesertvista said:
I couldn't hire movers or rent a storage.
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Frankly, that's a you problem.

opendesertvista said:
and they asked her can he get his possessions back and she never came forthcoming and said that it was okay to come get his possessions and then a week before the case was getting settled and I was going to take the plea deal she told the investigator that all of my stuff has been thrown away.
So it's like she intentionally wanted to keep all my stuff and sell it or my brother sold it because he doesn't really work and he's kind of a scam artist that would sell stuff online.
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The key is the details.

Focus on landlord/tenant law. And small claims court.
 
How to find a lawyer.

One ringy dingy, two ringy dingy.
"Law offices. Good morning."
"Good morning. I would like to meet with a lawyer to discuss suing my mother for wrongfully disposing of my property. I'm willing to pay a retainer and the hourly fee. Do you have an attorney there that can handle that kind of lawsuit?"
"Let me see. Oh, Mr Smith is available at 9 AM tomorrow. Does that work for you?"
"Yes."
"Good. You're all set."

Then go see Mr Smith, bring your checkbook and tell him your story. He'll tell you how much money he wants.
 
opendesertvista said:
So is it better to have an attorney to sue her in normal court and what type of attorney am I going to be looking for to do this and what am I going to be suing for damages I can't seem to get an answer from anybody when I call local attorneys, thanks.
Click to expand...

If you wish to hire an attorney to sue the person/persons you THINK "stole your stuff", get ready to shell out anywhere from $5,000 to $15,000 to begin the futile, useless process.

I don't see how you can PROVE the value of your stuff, or even that you possessed any "stuff". Beyond that gigantic ask, the person/persons you want to sue probably can't cough up the $10,000 (or however many thousands you seek to recover).

There are many occasions in the life of a human being where one simply needs to pick himself/herself up, dust herself/himself off, and get back in the race.

Albert Einstein said that, "Everybody is a genius. But if you judge a fish by its ability to climb a tree, it will live its whole life believing that it is stupid."

Maybe you've failed at something because you're a fish trying to climb a tree. Maybe you've failed for a greater purpose, or maybe this failure is showing you where you need to change. Maybe your feeling like a failure is highlighting which of your relationships is toxic, or that you need to switch careers, or learn to manage your time better, or be a more compassionate listener, or get back in touch with your body. Listen to what this failure is trying to tell you!
 
army judge said:
I don't see how you can PROVE the value of your stuff, or even that you possessed any "stuff".
Click to expand...
Well, OP has receipts, thanks to buying a lot of it online. These businesses, in their drive to track everything about you, seem pretty good at keeping track of that. They sometimes can even link your in person purchases with your online ones.

army judge said:
If you wish to hire an attorney to sue the person/persons you THINK "stole your stuff", get ready to shell out anywhere from $5,000 to $15,000 to begin the futile, useless process.
Click to expand...
This is the real problem. OP lacks the organizational skills to coherently present their version here, so self representation is not a good option.

However, I'm an advocate of doing a cost benefit analysis before going to court. Sometimes it costs less to just accept the loss and move on.
 
Red Kayak said:
Sometimes it costs less to just accept the loss and move on.
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That's not in our nature. When wronged, we fight the good fight, win or lose.

Imagine if you will, the morning of December 8, 1941, the voice of President Franklin D Roosevelt on the radio:

"Yesterday, December 7th, 1941—a date which will live in infamy—the United States of America was suddenly and deliberately attacked by naval and air forces of the Empire of Japan. We have done a cost benefit analysis and have decided to accept the loss and move on."
 
adjusterjack said:
"Yesterday, December 7th, 1941—a date which will live in infamy—the United States of America was suddenly and deliberately attacked by naval and air forces of the Empire of Japan. We have done a cost benefit analysis and have decided to accept the loss and move on."
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I think a cost benefit analysis of that situation would show that accepting that loss and moving on would result in further incursions. Sometimes you have to crush the other side so they'll never consider biting your ankles again.

OP is in a situation where, even if they go to court and get a $ judgement, they are unlikely to actually get their relatives to cough up the money.

OP needs to just stay away from these people.
 

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