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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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Hi! So, in January, my apartment was burglarized. The night

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Hi! So, in January, my apartment was burglarized. The night it was robbed was the exact same night the woman who lived on the floor below me moved out. She was the building's only other tenant. The burglars didn't jimmy open the main door, nor did they try to jimmy open hers. They went directly up to mine. The police officers on the scene all were convinced that she was in on it (mostly because if it was an outside job they would try to break into her apartment first, seeing as how it was much mroe convenient), but they were unable to find any physical evidence inside my apartment. I know that for civil cases the burden of proof is less. Does it sound like I have enough circumstantial evidence to file a civil suit?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 5 years ago.
Thank you for using JustAnswer!

I am sorry to learn of your circumstances. When happened when you made a claim to your insurance company for the loss?
Customer: replied 5 years ago.
Well, I accidentally let my renter's insurance lapse about a month before the incident.
Expert:  JB Umphrey replied 5 years ago.
What proof do you have that she was at your building on the night of the burglary?
Customer: replied 5 years ago.

During the day, I heard her downstairs in her apartment. Then I left that night, and found my apartment burglarized the next morning, and I never saw her again. Also, according the my landlord, she still had a key to the place.

Expert:  JB Umphrey replied 5 years ago.
To sue her in civil court, you will have to present the court with proof that she went into your place, without your consent, and took and removed your property.

If you have proof, yes, you have a case to sue her for. Circumstantial evidence is proof (e.g., you go to her place and find your property there, having a witness who saw her go into your place on the night in question). Guessing and speculation is not proof.

If you do not have the proof to give to the judge, then you cannot successfully sue her.

It has been my pleasure to assist you today with your information needs. If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
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