Someone has my property and refuses to return it. The police have recovered some of my property that was stolen by this person. How do I proceed
Question Details: Since The same person who refuses to return my property, has also stolen some of my property, can I sue them for theft and recover damages in court. The police have recovered property that belonged to me, and was sold to someone by this person. The police are supposed to be getting a warrant for a misdemeanor. Can I sue this person in civil court? Can I recover the items borrowed by this person in addition to money damages?
Ye, you may sue for the return of your property or for damages. Theft is not only a criminal violation, but it is also a civil tort, or wrong, which you can sue over. Also, knowingly receiving stolen property is both a crime and a civil wrong; and if a person received stolen property without knowing it was stolen, they still have to return it, since the person who gave or sold it to them had no right to do so and no legal intest in the property. So you may sue both the thief and anyone who received your stolen property, and you may sue for either the property's return or for damages. (For any 1 item of property, you can get one or the other--it's return, or damages equal to its value.)
The burden of proof in criminal court is more than that in civil court. If you have documentation and proof to not only show your property was stolen and this specific person has it, but possible corroboration by the police, including affidavits, than yes, you may very well be successful in court in winning the suit.
That is the beginning of the battle. Once you win, if you are suing for return of the items, you need to be prepared to have a sheriff or police officer accompany you to retrieve said items. If you are seeking the cost of replacement, keep in mind you will not get the new price but the value at the time it was taken (i.e., less because it was used, or already possibly damaged).
Having any convictions by the court will help you in your civil court lawsuit.