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I have filed a police report because I lost my engagement…

Hello, I have filed...

Hello, I have filed a police report because I lost my engagement ring at the gym. I found out but my engagement ring was no where to be found. I am located in vegas and now they are asking for a subpoena so I can see the surveillance footage... I am not sure how can I do one ?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

March 7, 2018 at Las Vegas

Lawyer's Assistant: Has anything been filed or reported?

Yes I just said I filed a police report, but they are asking for a subpoena

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No mam.

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Answered in 1 minute by:
3/7/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,438
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

If I can clarify, the gym is asking for a subpoena, correct?

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Customer reply replied 4 months ago
correct!

I see what you mean. I'm sorry to hear about that. Generally, a subpoena can be issued only after some lawsuit has been filed. For example, if the DA had reason to believe that someone stole the ring and they needed evidence, they could subpoena the surveillance video of the gym. The subpoena basically works as a court order that someone has to do something. In addition, if you decided to sue the gym for negligence, for example, then you could subpoena the video. Otherwise, the gym doesn't have to turn it over to you. It's highly unfortunate. Why won't they turn it over to you?

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Customer reply replied 4 months ago
Oooo so I would go small claims to file a claim ? and they first told me if I can get a police report, which I did. Than they said that the officer has to have a subpoena to view the video but I told her that I just want to see the video so I can have evidence. But her answer was still no.

I see. That's really unusual that they would do that. Typically, small claims court doesn't allow for subpoenas to be issued. You'd have to go to superior court for that. What's the value of your ring?

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Customer reply replied 4 months ago
Oooo okay. I can go after work and tell them to show me the video, since I have the police report and see if that works. The value of my ring is about 2,500-3,000. Not really sure, never really asked.

I see what you mean. The reason I ask is because if you file a lawsuit, the amount of money in question usually determines whether it goes to small claims or to superior court. In your case, it would probably stay in small claims. But the downside is that you would have to sue the person who you suspect took the ring first before you could even initiate getting a subpoena.

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I would recommend using the courts as a last option though.

One little known, but very effective tool that lawyers use when there isn’t a law that they can rely on to support their position is called principled negotiation. All this means is that you are looking to get something done on the basis of principles, even if you can’t find a law to support you. It takes the anxiety out of dealing with the other side because you’re focused on the facts, not each other.

Here are some simple steps you can follow:

  1. Figure out what the other side’s interests are (saving money, saving time, etc.?);

  2. Think about what your interests are (saving money, saving time, etc.?);

  3. Come up with 2 to 3 reasonable and objective ways to solve the problem;

  4. Present it to the other side;

  5. If the other side rejects, ask them, “Is there a reason why you do not feel it is necessary to negotiate?”

Of course, these are just building blocks to get the other party to help solve the dispute. Believe me when I say that good lawyers use this technique all the time to keep things out of court. You’ll find that it is very effective even with the most stubborn of individuals.

So, you could tell them that they could either help and get good praise from a customer or they can be eviscerated on yelp or other sites for not doing something really simple.

Did you have any other questions for me today?

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Customer reply replied 4 months ago
Hmm is there anything else you advise that I can do? so I can get a hold of the video?
Customer reply replied 4 months ago
Can I probably go against LVAC ? or????

Could you help me understand what LVAC is specifically?

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Customer reply replied 4 months ago
Las Vegas Athletic Club- it is the gym I go to.

I see what you mean. Yes, it is possible, but maybe you could help me understand. Did you place the ring somewhere and it just turned up missing, or were you wearing it and then you saw your hand later and it was gone?

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Customer reply replied 4 months ago
Okay so when I got to the gym it was at 5am. I had 2 rings on one in my right hand and my engagement ring on the left. I rushed to the womans gym, and forgot to put away my rings, so I placed it in my sportsbra, than every 2 minutes I would check if they were still there, so clumsy of me. I know! Later as soon as I was finished working out, I went in the shower and realized that it was not sportsbra, than I ran to the place barefoot. As I went fortunately my gym partner found the one in my left hand but the other one was no where to be found. I looked and looked and nothing was found.

I see what you mean. This one is tough. Someone must have picked up the ring for sure; however, it's hard to tell whether it was another member or if it was an employee and they just don't want to return the ring.

One of the things that you may want to consider is asking the police for more assistance with this. They are used to asking people for things that they aren't usually legally required to turn over. If there is someone who you feel may have taken the ring, then they may investigate that person and if it turns into a criminal complaint, the DA can subpoena the video cameras as well.

As a practical matter, you may want to check the pawn shops in your area because that's where most thieves will sell things. If you go in and see your ring, then you can call the police and get a return of your ring back to you. I'm very sorry. Also, check craigslist. You may find someone who is trying to sell the item as well.

Did you have any other questions for me today?

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,438
Experience: Licensed to practice before state and federal court
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Customer reply replied 4 months ago
No, thank you so much for you help. Have a wonderful day !

Thanks so much!!

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