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I owed a piece of equipment, it was stolen, then sold on E-bay,

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FBI found the equipment. Case...
I owed a piece of equipment, it was stolen, then sold on E-bay, FBI found the equipment. Case has been in court system for over two years. Now judge wants us (original owners) and the buyer from E-Bay to present case as to who should receive physical return of the equipment. Restitution will be paid to one of us. We want the equipment back. What is best way to handle this?
Submitted: 5 years ago.Category: Criminal Law
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2/2/2012
Criminal Lawyer: Law Educator, Esq., Lawyer replied 5 years ago
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 119,612
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Quite honestly there is no "best way" to handle this and it depends what each party wants out of this. You obviously both cannot keep the equipment so you and the buyer in good faith will have to negotiate and be reasonable. YOU need to sit with the other party and present your side of getting the equipment back and not the money. If both of you insist on the equipment, the court can order the equipment sold again and you will both end up with nothing but a monetary settlement.


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Customer reply replied 5 years ago
The court is going to decide, how do I get the court to allow me (the original owner) to keep equipment? I paid over 25K for equip. E-bay buyer bought for 17K. Court WILL decide, of course only one can take back physical ownership. The other will get restitution, of only the 17K. What is the best way to defend my case?
Criminal Lawyer: Law Educator, Esq., Lawyer replied 5 years ago
The court will give the two of you a chance to negotiate a resolution of the matter before deciding anything. The court prefers that the parties come to an amicable settlement. It is only if you cannot agree that the court will decide. The best way to defend your case is the proof of the original cost to you and the damage it will pose to your business not to have this equipment, since you had the equipment and were using it before it was stolen and the harm you will suffer having to buy new equipment. If you were not insured for this theft, then this is more evidence in your favor for getting the equipment back.
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 119,612
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