Shoplifting, Larceny, Robbery, Theft Someone is holding my property "ransom" until I pay them money I owe them. Recourse?

[panoptic]

I owe my dad over $400 by his count. Because of this he is holding two of my possessions, a computer monitor and a set of computer speakers, for ransom, locked in his office at his work.

The situation is that a few months ago, while I was out of town, my brother put the monitor in the pawn shop without my consent. I called the police in order to get it back and they filed charges which a few days later they agreed to drop because my dad offered to buy it back from the pawn shop for me so that my brother could avoid a criminal record and I could have my monitor. Or so I thought.

When I got back in to town and arrived at his apartment I asked where it was and he told me he was holding on to it and he would return it once I payed him money that I owed him.

Months later, I bought the computer speakers and had them shipped to his apartment because I don't have a place of my own and he lets me sleep there and use my computer there.

He promptly took the speakers to his office when they arrived and then informed me, in his words, I owe him money and instead of paying him i'm, "Buying toys" for myself so he'll give them and my monitor back once I pay him.

I take issue with his strong arm tactics and more to the point, I just want my stuff back.


Isn't this illegal? I'm about ready to call the police, but will they even want to help me?

 

[army judge]

This is a civil matter.
The police will have no interest in this nonsense.
Stop being a dead beat son, and pay your dad what you owe him.
Your dad was there for you when you needed $400.
Will he be there the next time?

 

[tpajet]

I disagree a bit on this. It might be a civil matter, but I would still pursue what the police can or can't do. Keep in mind that the brother is the one who started this mess, not the OP. You have to ask what happened to the money the brother got from the pawn shop.

Regardless, the brother stole the monitor, pawned it, the dad gets it back, but is still withholding the OP's property from him. The dad needs to get the money from the brother.

You may have to pursue this in small claims court if the police won't help.

 

[mightymoose]

I agree that the police won't want to get involved, but the issue of dad taking the speakers is problematic. Technically it would qualify as a theft.
The monitor is a bit different since dad bought it from the pawn shop. That would be a matter for civil court.
It would be easiest for dad to give back the property and give the kid the boot. It would be easiest for the kid to pay what he owes dad and stop being so dependent. I am under the impression he owed dad money prior to the monitor being held... but regardless, it is all very petty and not worth police involvement since you are very unlikely to follow through in court.

 

[tpajet]

If his story is taken at face value, then he only owes dad the money after the fact, which I still he doesn't actually owe dad the money.

Think of it this way: You own a monitor, I steal it and pawn it. Army judge buys it from the pawn shop, but then expects you to be the one to pay him for it, when you were not the one to incur the expense. Since I was the one who pawned it without your permission, I am the one who caused the expense.

Basically the OP is being expected to buy back his own property, that he never go any money for in the first place. I'd still call the police, this time on dad.

 

[jharris352]

tpajet has a very valid point. The brother stole the monitor, the pawn shop fenced the monitor, and the father is in possession of stolen property. Of course you would have to report the property stolen. I would tell Dad to get the money from brother and give me my things back (I'd say please because he is my Dad). But I would be rather insistent and explain my thoughts on stolen property. A wise Dad will relent.

 

[army judge]

Re: Someone is holding my property "ransom" until I pay them money I owe them.

Pay attention to the fact pattern people.
The monitor was allegedly stolen.

The charges were dropped, the dad redeemed the pawn.

The brother might owe the poster, but the deadbeat poster owes the dad.

Once the pawn was redeemed, the title to the goods rightfully passed to the dad.

Try to keep up here people.

This is CrimLaw101.




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[mightymoose]

I'm under the impression he owed dad money prior to the monitor being pawned... that is why dad is holding it after recovering it from the shop.

 

[army judge]

Re: Someone is holding my property "ransom" until I pay them money I owe them.

I'm under the impression he owed dad money prior to the monitor being pawned... that is why dad is holding it after recovering it from the shop.

You're right.

He admits to owing dad $400.

But, that has little to do with how dad acquired the monitor.

Dad redeemed the pawn.

Dad owns the monitor legally.

Dude dropped charges on his brother, dad redeemed the pawn and is holding the monitor.

Dude tried to tie one to the other.

He can't.

That's why the cops walked away.


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[jharris352]

Army's right, I shouldn't post at 2am!

 

[mightymoose]

Right... he isn't necessarily paying dad for the monitor... he is paying dad what he already owed dad in order to get the monitor back... at least that is how I see it.

 

[tpajet]

I don't know. I think it's how he worded it. You all are right in that the first paragraph (the two sentences) make it sound that way, but then the next paragraph is basically "OK, now here's how this all came about" True, he may have meant he owed his Dad money prior, but I didn't take it that way.

Now, all of the debating aside, let's assume the $400 is what his Dad paid to remove the monitor from hock (he didn't owe it before), what then is everyone's take on this one?