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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34268
Experience:  16 yrs. of trial experience
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My son let a person stay in his house,for about two weeks.While

Customer Question

My son let a person stay in his house,for about two weeks.While not at home that person came back and stole items from his home.Neighbors called police they showed up and talked to the person.They told police that they were only taking their things,and that thy live there.police told my that sence they stayed there that the property was theirs under community property laws.What can I do to help my son. JOHN
Submitted: 3 years ago.
Category: Legal
Expert:  P. Simmons replied 3 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

That sounds silly...that is, it sounds silly for a police officer to claim that your son's property could somehow belong to a guest simply because the guest was allowed to stay overnight. That is not true. It sounds like the police officer was confused.


Can you tell me, what is it your son is attempting to accomplish?
Customer: replied 3 years ago.


Would like to get his property back,but it most likely been pawned.The persons fater is a sarget in that police department,and I feel it is being coverd up. john

Expert:  P. Simmons replied 3 years ago.
Thank you

can you tell me, how much money, approximately, will it cost to replace his property?
Customer: replied 3 years ago.


I would say over $1000.00

Expert:  P. Simmons replied 3 years ago.
Thank you

Your son can use small claims court to resolve this.

If the police will not prosecute (what you describe, it sounds like the police are not going to take the case...thy are not required to and there is no way to force the police to prosecute), then your son can use the courts to recover his money

In Michigan you can sue in small claims court for up to $3K.

The great thing about small claims? The formal rules of evidence and procedure do not apply. So you do not need to hire a layer. Your son can do this himself. He will need to file the case. He can head to the county court and talk to the clerk of the court...they can help him get access to the forms. He files the forms, and gets his court date. At the court date, if he can show this "friend" took his property the court can order this person to pay him back

Bottom line: you can not force the police to prosecute. But you can take this person to court

Customer: replied 3 years ago.


He have witness to the deed.

Expert:  P. Simmons replied 3 years ago.
Sir that is wonderful..if he has witnesses they can testify at his court hearing.

He can file this in small claims court and they (the witnesses) can testify as to what happened

Again, he can not force the police to prosecute. But he can sue to recover the money he has lost

Customer: replied 3 years ago.

I was told by witnesses the they would not do anything because the persons is a sargent on the same police force,and using it for a cover-up john

Expert:  P. Simmons replied 3 years ago.
That makes it difficult...but you son can still testify. If your son wants to make this right, the way to do so is to file the suit in small claims.
Customer: replied 3 years ago.


I am sure the witness will testify,they seem to be good people.And the did call police.As I stated,the person that did this,has a father who is a sargent for the same police department.Could this be a cover-up???john

Expert:  P. Simmons replied 3 years ago.
Sir, I have no idea if this is a "coverup"

But if you think that it is, you can have your son complain to his elected representative (his city council member) since they will have oversight over the police. If this is a coverup, it may be they can uncover it.

Regardless, he can sue to recover the money he is owed