Ask a Lawyer and Get Answers to Your Legal Questions
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!
Did you have any other questions before you rate this answer?
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?
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.
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?
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.
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...)?
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?
That is, what do you mean by "the new value"?
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?
Should I continue to await your response, or may I assist the other customers that are waiting?
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.
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.