Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

I have 15 pieces of artwork that were meant for sale off the

wall that a business owner...
I have 15 pieces of artwork that were meant for sale off the wall that a business owner would not return to me when requested. The business owner is on audio recording specifically threatening to file a groundless restraining order against me unless I provide paperwork indicating that the artwork was her property and/or a gift...I live in Missouri...can I bring the owner up on criminal charges of theft, larceny, bribery or extrotion? If so what is the time limitation on filing a complaint with the prosecuting attorney ? I requested the artwork from the business owner on 12/3/2012. The artwork is still in the business and we have a small claims court date for Nov 8 2013.
Show More
Show Less
Ask Your Own Legal Question
Answered in 11 minutes by:
10/6/2013
Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6,147
Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
Verified

Thank you for choosing Just Answer, My name is XXXXX XXXXX I will be able to assist you.

 

The matter is a civil matter rather than a criminal matter. You will need to file a civil action ("lawsuit") against the business owner for conversion and Replevin. Here is the lank for the Missouri Law on getting your property back.

 

http://www.moga.mo.gov/statutes/C500-599/5330000010.HTM

 

 

You are still within the statute of limitations (5 years) on getting your property back. You will need to present evidence the art is yours. At the hearing witnesses and ownership documents are can be used.

 

Ask Your Own Legal Question
Customer reply replied 4 years ago

Greetings Jack,


 


Thank you for your response...I want to make sure that my card will not be billed in the future. I am comfortable paying $18 for legal suggestions for this one day, but I DO NOT want my card billed more than $18 for today and today alone.

Customer reply replied 4 years ago

As for your rating...I will check the information you supplied for the Missouri website and get back with you shortly, as I feel some of the elements of my question may not be clear.

Customer reply replied 4 years ago

Greetings again Jack...


 


I have began the civil process...I want to know your suggestions on what you would do to win in small claims. I understand you are not representing me and that you are not my attorney and that is payment of $18 is for a conversation with you....what would you do to win my property back IF you were my attorney. I came across the Missouri statute months ago when I initially filed my small claims complaint against the business owner...right now your rating from me would not be 3 or above...



Please tell me how you would win my case?

First of all I do not receive payment until you rate my work with a rating of 3 or better which I hope you will do.

 

In small claims as the Plaintiff you have the burden of proof by a preponderance of the evidence (more likely than not) to show that the artwork belongs to you. You can do this by showing how and when you acquired the art, how it ended up with the defendant. You can also show that all artwork on display by the defendant was on loan and that the defendant acquired your artwork in the same way. If you have witnesses that can testify your the owner you need to bring them, along with any supporting documentation. You must also show that you demanded the artwork back (in writing).

 

You will also need to establish the value of the artwork. In small claims you may only be awarded monetary damages. Some means of appraising the artwork should be presented as evidence. This could be bringing an art dealer , evidence of how much similar works brought etc.

 

Once you establish you at least owned the objects at one time the defendant will have to prove he obtained ownership not mere possession of the artwork.

 

After testifying to you ownership (along with your witnesses) You will need to be prepared to question the owner. You will need to ask him what basis he claims he is the owner, you can ask how he got ownership, how much he paid etc. to try yo show he never legally became the owner of the artwork, mere entitle to legal possession e.g. a loan of the artwork.

 

Male sure you indicate the relief you want e.g. the monetary value of the artwork, or return of the art pieces.

 

 

Ask Your Own Legal Question
Customer reply replied 4 years ago

Greetings Jack,


 


That answer of strategy is more like it. Now if I may share with you that I have obtained evidence of sale of my artwork is valued at $400 for each image. Based upon a sale at a silent auction in Texas that occurred in August of this year.


 


The claim the business owner made at the first hearing was that the images were a gift to her. The court ruled in her favor based solely upon her word. I have a signed affidavit from her former business partner that our agreement was verbal in that I would have access to create the images in their place of business acting as house photographer and all the images that I brought to them for display were for sale off the wall.


 


On the audio recording the business owner requests several times that if I provide documentation that the artwork was her property, she would not file a protective order against me.


 


This to me is indication that she was fully aware that the images were NOT a gift, based upon my understanding of the Missouri statutes I have researched on my own and the one one you shared with me.


 


So from this point do you think there is anything in addition I need from your prior suggestions and the information on the audio recording?


 


 


 


 

You will need to get the former business partner to show up and testify. The affidavit could be deemed inadmissible because it is hearsay. A judge could let it in because rules of evidence in small claims are somewhat relaxed but you should be prepared.

 

The audio tape can be used to show the current owner was unsure of the status of the art. She did not indicate it was a gift in the recording. The only thing you need to prove is that you created the artwork, that gives you ownership.

 

A gift requires that you give the artwork to a party with the intent it be a gift. You could ask exactly when the current owner was handed the artwork from you as a gift. You can also ask what was said to indicate the artwork was intended as a gift.

 

 

 

Ask Your Own Legal Question
Customer reply replied 4 years ago

On the audio the owner asks at least four times for documentation from me showing she has ownership.


 


In your opinion does that support my claim that her request for that documentation in lieu of NOT filing a protective order clearly shows that she was FULLY AWARE that the artwork was not a gift to her?


 


Is there a limit to how many times we can communicate? I am getting more and more satisfied with each response, and I really don't think I need a free trial.


 

Not filing a protective order is not conclusive of anything. If you were to take the objects she would have you arrested for larceny.

 

Actually we can communicate more. Since you are not rating my responses I cannot spend more time with you. I have answered quite a bit more than your original question without compensation.

 

Ask Your Own Legal Question
Customer reply replied 4 years ago

Greetings Jack,


 


I do appreciate your information. Not real keen with your first response as it was a copy and paste. However I do feel that for not being represented, you are sharing information that is consistent with Twombly v. Torres and pleases me greatly.


Will my card be charged more than $18? For our correspondence? And I do not want any further charges after today? Please answer this and I will be happy to rate you so that you may be compensated.

You will only be charged the $18.00 for this thread. You will receive a follow up survey I would also appreciate a high rating there as well.

 

Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6,147
Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
Verified
Jack R. and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

Thank you VERY MUCH! Enjoy the rest of your weekend!!!!


 


Respectfully,


 


Roma

You are very welcome. Please be sure to rate me highly 9 r 10 on the survey you will receive.
Ask Your Own Legal Question
Ask Jack R. Your Own Question
Jack R.
Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6,147
6,147 Satisfied Customers
Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.

Jack R. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
What is the statute of limitations in Texas for A felon in
What is the statute of limitations in Texas for A felon in possession of a firearm … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
What is the statute of limitations in Florida for medical
What is the statute of limitations in Florida for medical malpractice? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
I had asked yesterday about the statute of limitation for
I had asked yesterday about the statute of limitation for perjury. You answered 3 years, which means the window for criminal prosecution has passed. The person who committed the perjury is an attorney… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
What is the statute of limitations for legal malpractice
what is the statute of limitations for legal malpractice lawsuit? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Is there a statute of limitations in MA for physical abuse
Is there a statute of limitations in MA for physical abuse in the 60's and 70's by a parent? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,051 satisfied customers
What are the statute of limitations for Intentional
what are the statute of limitations for Intentional Infliction of Emotional Distress cases?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
883 satisfied customers
What is the statute of limitations for bodily injury and
what is the statute of limitations for bodily injury and property damage in colorado … read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,414 satisfied customers
What is the statute of limitations on collecting on a
Hi! What is the statute of limitations on collecting on a criminal monetary judgment? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
In California is there a statute of limitations on bring a
In California is there a statute of limitations on bring a court action against a ex-husband that the court ordered over 25-years ago to pay his wife $125,000.00 in a divorce. Is there anything lawful… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
What is the statute of limitations on contesting a will in
What is the statute of limitations on contesting a will in the following particular circumstances? A man dies at 84 after having changed his will twice in the previous 20 years. One original will was … read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,414 satisfied customers
Is there a statute of limitations on filing against the
Is there a statute of limitations on filing against the attorney my brother had, who has been disbarred for stealing from at least 8- of his clients, but there are 3 or 4 more involved in the thief of… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
Is there a statute of limitation on when a homeowner or
Is there a statute of limitation on when a homeowner or insurance company can file a workmanship claim against a contractor in the state of Florida for damages resulting for work performed? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,051 satisfied customers
Is there a statute of limitation on a possible social
is there a statute of limitation on a possible social security disability fraud case? thank you. … read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
STATUTE OF LIMITATIONS FOR DISOBEYING ORDER, CALIFORNIA,
TAKING ME TO COURT AS IT IS IN CONJUNCTION WITH A DUI. I FELL ASLEEP AT THE WHEEL BUT BECAUSE I USE HYDROCODONE FOR PAIN DUE TO DISTAL PERIPHERAL NEUROPATHY … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
In Colorado what is the statute of limitations for
In Colorado what is the statute of limitations for defamation/libel -- there appear be three general timelines 3years, 2years, and 1year. … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
What is the statute of limitations for a private loan in
What is the statute of limitations for a private loan in Louisiana … read more
Expert James
Expert James
Doctoral Degree
11,528 satisfied customers
I would like to know the burden of proof needed in small
I would like to know the burden of proof needed in small claims court. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Is there a Statute of Limitations on possession of child
Is there a Statute of Limitations on possession of child pornography at Federal level? State (Michigan)? What does it entail? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x