Recovering Stolen Property

[finley]

That's what I thought. Surely if you can prove that the property is yours, and you take it back, you're not actually stealing anything. By definition, theft must involve taking somebody else's property. Even in Taiwan. Although, presented with that little logical conundrum, you can imagine this happening in the courtroom ...

[Satellite TV]

That's what I thought. Surely if you can prove that the property is yours, and you take it back, you're not actually stealing anything. By definition, theft must involve taking somebody else's property. Even in Taiwan. Although, presented with that little logical conundrum, you can imagine this happening in the courtroom ...

The reason you have police and courts is so that people do not become vigilantes. Having papers showing that you onced owned certain things does not prove you own it now.
As the goods have been reported stolen and insurance paid then the ownership of the property would then fall to the insurance company to follow up on. Just going to the place and taking things would yes mean you are stealing them.

[finley]

Oh, sure .. I wasn't suggesting he should. Obviously if the insurance company are on the case, he should let them do their thing. I was just wondering out loud whether it is legally possible to steal something that belongs to you (even cross-border). There was an article on the interweb a while back about some American girl who saw her stolen bike advertised on craigslist. She turned up as a 'buyer', asked to give it a test-drive, and pedalled off on it. The police just told her not to take risks, but there were no charges (not against her, anyway). I understand car-leasing companies do exactly this as a matter of routine: if fees are not paid, someone turns up with the keys and drives it away.

Having papers showing that you onced owned certain things does not prove you own it now.

It most certainly does, at least if the putative "new" owner has nothing to prove that he owns it. The entire concept of property ownership in the west is founded on nothing more concrete than a paper trail and conventions for exchanging that paper. Paper deeds are exchanged for paper money. How would you prove you own your house or your car?

[Jack Burton]

That's what I thought. Surely if you can prove that the property is yours, and you take it back, you're not actually stealing anything. By definition, theft must involve taking somebody else's property. Even in Taiwan. Although, presented with that little logical conundrum, you can imagine this happening in the courtroom ...

The reason you have police and courts is so that people do not become vigilantes. Having papers showing that you onced owned certain things does not prove you own it now.
As the goods have been reported stolen and insurance paid then the ownership of the property would then fall to the insurance company to follow up on. Just going to the place and taking things would yes mean you are stealing them.

Thanks for the headsup TM. I haven't done much research into Taiwan treaties (it being a special case and not a "properly recognized country")

You as the owner can prove chain of title, but he, as borrower, cannot. that is where having the right papers count.

and to joschka, extradition and money judgment or rather, replevin, are 2 different things. Tomas was asking about replevin (or in lieu, money judgment) of the property ie not criminal charges, jailtime etc. hence the title.

[Tigerman]

Thanks for the headsup TM.

You're welcome, Jack!

As you might imagine, we spend a lot of time advising people re this matter, as it comes up frequently.

[tsukinodeynatsu]

Why don't you give the court in Taipei a ring and ask them what they think? Both legally and on what would happen if you just rented it and took it home. That might help you decide on your next step.

[Tigerman]

Why don't you give the court in Taipei a ring and ask them what they think?

Courts do not answer questions unless the issue is being tried.

[tommy525]

Read yesterday about a young mother who went to bout 100feet to a neighboring row house in the UK and asked the people there to turn down their music. She was stabbed and died of her wounds. Motto: Call the police and file a complaint, dont go there and solve it yourself. Let the police go there and let's see if they get attacked like she did.

I concur in this case that Tomas will remain a lot healthier if he lets the insurance company work on this and not snoop around on his own on criminal elements.

Criminal elements are not widely known for their upstanding conduct.

[Jack Burton]

Why don't you give the court in Taipei a ring and ask them what they think?

Courts do not answer questions unless the issue is being tried.

waste of time.... it's like asking a Chinese for directions when he doesn't know the answer.

[justreal]

Why don't you give the court in Taipei a ring and ask them what they think?

Courts do not answer questions unless the issue is being tried.

waste of time.... it's like asking a Chinese for directions when he doesn't know the answer.

ya, talk for a fucking hour to tell you too turn right at the next intersection. And you wonder why everyone wants to learn Engerish.