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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 16188
Experience:  Licensed Texas General Practice Attorney
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When dealing with receiving stonen goods is the value of

Customer Question

when dealing with receiving stonen goods is the value of goods based on them getting brand new stuff or the actually value of the used stuff
JA: What state are you in? It matters because laws vary by location.
Customer: south carolina
JA: Has anything been filed or reported?
Customer: yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 5 months ago.
Category: Legal
Customer: replied 5 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  ScottyMacEsq replied 5 months ago.

Thank you for using JustAnswer.

It's the fair market value (the value at the time of the larceny), not the replacement value. The reason is that the item might be 20 years old, and worth way less than what a new item would be. So the actual item that was taken has a certain value, even if it would cost more to replace that item by the victim.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 5 months ago.

Did you have any other questions before you rate this answer?

Customer: replied 5 months ago.
You did not answer my question correctly I want to know simply if I received some stolen property would the value be the same value if the property was used
Expert:  ScottyMacEsq replied 5 months ago.

Same value as what? I said that it's the fair market value at the time of the theft, not the value at the time that it was purchased or the value of a "new" item. For example, suppose you purchase an antique that cost $5 when first purchased, but has gone up to $100 fair market value. It's $100, not $5 that would be the value. Or if it's a vehicle, and was purchased at $30,000, but now is worth only $5,000, then it's only $5,000. It's also not "replacement value". For example, say that $30,000 vehicle that's now worth only $5,000 also had $10,000 in aftermarket additions, and it would cost the victim $15,000 to get that same or similar item. It's still only $5,000 because that's what it could get in a fair sale.

Does that make sense?

Expert:  ScottyMacEsq replied 5 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 5 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

Customer: replied 5 months ago.
You are not getting my question your answer is not what I am looking for
Expert:  ScottyMacEsq replied 5 months ago.

I'm sorry. Can you please clarify then? You asked if the value of the goods is based on "them" getting brand new stuff or the value of the used stuff, correct? I assume you mean "them" as the people receiving the stolen goods, correct?

Customer: replied 5 months ago.
I have no problem paying you but you are all around the question with your answer if you want to(###) ###-####all me fee
Expert:  ScottyMacEsq replied 5 months ago.

I said it's NOT based on the value of new stuff IF the items are used. It's based on the actual value of the item received.

Expert:  ScottyMacEsq replied 5 months ago.

If the items are new, then it is the value of the new stuff. As far as the phone call is concerned, there was a payment failure for some reason, but we can continue the question here. So can you please let me know more specifically what you're trying to ask? Maybe give me an example (that is, what the item stolen is worth new, used, etc... and what the potential values are in your estimation...)?

Customer: replied 5 months ago.
If I were to buy some used chain saws and then sell them to some one and got caught and the saws were a couple years old and the new value was 2400.00 dollars the law states anything over 2000.00 dollars would be a felon opposed to a misterminer could they still charge me as worth more than2000.00dollars
Expert:  ScottyMacEsq replied 5 months ago.

The new value meaning the value of new chainsaws now? Or the value of these specific chainsaws if they were to be sold at retail?

Expert:  ScottyMacEsq replied 5 months ago.

That is, what do you mean by "the new value"?

Customer: replied 5 months ago.
The new price now if you were to buy them from a retailer brand new the value of these c two chain saws and one blower if bought brand new would only cost 2300.00 dollars at the very very most I don't know the model number to each saw but this price would be if by chance these tools were new and the very top of the line chain saws and blower if I could to to you on the phone would I still have to pay you both phone and texting rate 31.00 plus 59.00?
Expert:  ScottyMacEsq replied 5 months ago.

No, if there's no call, you only have to pay the amount for the original question.

Like I said above, if it's a used, not new, item, the value is not based upon the new price. So if a new item costs $2300 in the store, but the items that were stolen were not new, then the value would not necessarily be $2300. If those 2 year old items would sell for $1900 on the open market, that's the fair market value of the items. It's not $2300 because they're not new. But if the used items would sell for $2200 (for example), the fact is that it would still be felony in that instance. The point is, however, that the new price is not the value that is considered. It's what the used item is actually worth at the time that it's taken. Does that make sense?

Expert:  ScottyMacEsq replied 5 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 5 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

Expert:  ScottyMacEsq replied 5 months ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 5 months ago.

Hello?

Expert:  ScottyMacEsq replied 5 months ago.

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time (>2 HOURS) and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Customer: replied 5 months ago.
You charged my credit card 5.00 and 31.00 don't put anymore charges on my account your service was very poor and I will not use you any more nor give you a rating stop texting me you got your money
Customer: replied 5 months ago.
You did get paid 3100 was billed to my card if you charge anymore the fraud dept is going to get involved
Expert:  ScottyMacEsq replied 5 months ago.

The money will be refunded to you, as you are not satisfied. I wish that you would tell me why, as I answered your question multiple times and spent almost three hours online with you. I don't get paid a penny for that time, by the way, unless you're satisfied. I'm sorry that I could not assist you further.

Customer: replied 5 months ago.
You can keep the 31.00 but don't charge my card anymore I will not rate you as that will allow you to charge me more keep the 5.00plus the one time 31.00 just don't expect a rating or anymore money as they say you live and learn don't contact me anymore