My Mistake

[Mad_Squirrell]

Small claims court is where you need to take it and you can get her to pay court costs in your suit you are totally in the right. Unless you are trying to hide something from the authorities and don't want the spotlight on it I would make her give it back and pay for my trouble to do so .

Also I had a similar situation years ago. Call the cops have them meet you at her house .

Tell them that you and her broke up and you need to get your stuff out of her house. but are afraid there might be trouble . If she admits in front of the officer that she is holding your stuff then he will force her to give it back . but if she denies that she has anything of yours in front of them you are stuck , and will be forced to take her to court to retrieve it .

In my situation the Officer said that possession was 9/10ths of the law so unless I had documentation of all my items proving ownership and she denies having it then there was nothing they could do .

Id just go the small claims route and have the court force her to return all your belongings plus pay your filing costs .

Sounds to me she is just being petty and childish . And needs a dose of grown-up reality.

[Guest gladman]

And if the smalls claims judge decides in her favor, you have a court order saying it's hers, so iit's out of your name. It's a relatively small price to pay to cler up the paperwork. I'm a lawyer, and in this situation, I would much rather go the civil route rather than criminal.

If she has threatened you, you might consider getting the police involved, but otherwise this does not sound like a police matter. Be careful what you say to them--the gun isn't "missing"--you know exactly where it is and who has it and why. I don't handle criminal law issues, but I'm not sure this would qualify as truly stolen. The last thing you want to do is file a false report. If you want to go to the police, tell them your story and let them decide what to call it (if they decide to make it a criminal matter).

[1gewehr]

You left it there. Therefore it seems clear to me that this is a civil matter NOT a criminal one. If you let your emotions rule you on this, YOU will be the one who regrets it.

If you still have a receipt or other documentation proving ownership, then you can file in small claims court. In that case, I would recommend that you send her a certified letter (keep a copy), telling her that you would like return of Taurus pistol serial #393xxx, caliber, other description. Advise her that if she does not return your property, you will have no choice but to file against her in court.

If you do not still have a receipt, write it off.

Get over it. A $300 loss is small potatoes. Get on your knees and give thanks to God that this relationship didn't go any longer and cost you more!!!

[Oh Shoot]

I'll talk to police monday, try to talk to the chief.....

If you think escalating a matter of the heart gone sour over a $250 gun will bring you peace of mind, go for it -- but you must not value your time very highly.

There is certainly zero possibility that a crime committed with the Taurus is going to get you charged with anything, so that's really just an excuse to continue to be vindictive so you feel you've "won", IMNSHO.

- OS

[luvmyberetta]

I would report it missing or stolen. Do it before she has a chance to pawn it, sell it, or give it away to help cover your butt. If she sells the pistol or it get stolen from her and it's used in a crime, at least it will be on record that you reported it missing. I don't know the laws there, but if you take her to small claims court, she may have to pay your court cost if found guilty also. Good luck.

[Oh Shoot]

NM, was about small claims in TN, forgot OP is in MS.

[Guest GLOCKGUY]

I would report it as stolen and tell the police who has it, basically that's what has happened.

Had you left your car there could she have denied you getting it back?

Big difference a car has a title and gun does not. he gave the gun to her for home defense hes out of a gun.. If he reports it stolen and she can prove he left it there for her he will get charge with filling a false stolen report. Not a chance I would want take... Just my two cents....