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Unless it's in writing....I'm thinking learning issue.
 

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Was it family or friend?
 

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Discussion Starter #4
mountainpass said:
Unless it's in writing....I'm thinking learning issue.
It is in writing (email) with instructions on where to pick up the items/return the items, and the person has also agreed to return the items, yet has not. I even have a recorded phone conversation wherein the person states the items would of been returned this a.m.

Now the person appears not to want to return, due to the fact of a criminal warrant being issued by me, on a friend of his.
 

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You just may have enough evidence to be heard in a small claims court. Do we have those in Georgia, or do you have to go on TV? :shattered:
 

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If it's criminal, it sounds like Theft by Conversion. This is what people get charged with when they rent something (a rental car, a movie from Blockbuster, some tool from Home Depot....) and never return it.

But Theft by Conversion is only a crime if and when the person forms an intent, in their own mind, to keep the item and use it as if it were their own.

And it's only a felony if the value of the thing is over $500.

See O.C.G.A. 16-8-4.

Certainly, it's a civil matter at the very least.

If you had an agreement, then it's a breach of contract civil action.

If you didn't have an agreement that is even close to being a contract, you could call it a trespass to chattels, or intereference with personal property.
 

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Repeat after me:

I had some money and a friend.
I loaned my money to my friend.
I lost my money and my friend.

Now say it again, but instead of the word "money", name the item you loaned your friend.
 

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Discussion Starter #8
Nullifier said:
Repeat after me:

I had some money and a friend.
I loaned my money to my friend.
I lost my money and my friend.

Now say it again, but instead of the word "money", name the item you loaned your friend.
Not a friend.

Would I be wrong in sending a letter Certified Mail to him stating that if the items are not returned I will be "seeking" a warrant for his arrest under the OCGA Codes?
 

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Discussion Starter #9
gunsmoker said:
If it's criminal, it sounds like Theft by Conversion. This is what people get charged with when they rent something (a rental car, a movie from Blockbuster, some tool from Home Depot....) and never return it.

But Theft by Conversion is only a crime if and when the person forms an intent, in their own mind, to keep the item and use it as if it were their own.

And it's only a felony if the value of the thing is over $500.

See O.C.G.A. 16-8-4.

Certainly, it's a civil matter at the very least.

If you had an agreement, then it's a breach of contract civil action.

If you didn't have an agreement that is even close to being a contract, you could call it a trespass to chattels, or intereference with personal property.
Appears O.C.G.A. 16-8-4 may be applicable, what I loaned is utilized in the farm industry.
 

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Discussion Starter #10
So, I have applied for a warrant application hearing and the date has been set.

Would any of you legal eagles like to chime in and inform me of what to expect during the process/proceedings?

I am asking for a warrant for theft by conversion.
 

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Many counties have websites for their court systems. I've seen some Magistrate Court websites that have good and pretty detailed instructions about how to proceed with taking an arrest warrant on a fellow citizen.

A few quick tips:

1-- Remember that although hearsay evidence is allowed to establish probable cause, the weight of the evidence may be diminished if you repeat what another key witness told you. Might be better to bring the witness to tell the judge himself or herself.

2-- Bring copies of whatever documents and paperwork you have. If you had a verbal agreement not a written one, bring your notes or make some notes about what was said, and when, and what happened next. Do that before you go to court. It will make telling your side of the story go smoother and faster, which will please the judge.

3-- Everything you say should be relevant toward satisfying the criminal code section you're charging the other guy with violating. Try not to vent about any other bad things this person did to you or to anybody else, unless it's very similar to what you're accusing him of doing now. A pre-warrant hearing isn't about people's character. It's about finding probable cause, or a lack of P.C., that a certain person committed a certain act or series of actions, in a certain county, on a date (or range of dates) that shows the Statute of Limitations has not expired.

4-- If you want a felony warrant instead of a misdemeanor one, make sure to mention the value of what was wrongly taken / converted. State to the Court how you know approximately what it's worth today (which may be considerably different from what it was worth brand-new).

None of this is legal advice, of course. Just some tips for anybody going into magistrate court or even small claims court on a civil matter.

Good luck.
 

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Discussion Starter #12
Thanks

In a nut shell.

Your Honor, here is the email agreement to loan him items.

Here is the recorded phone conversation wherein he agrees to return.

Here is the email I sent him when he did not return items, with his response being that he will not return said items unless I pay him.

Here is estimate for replacement cost.
 

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Maybe you should advise him of said emails and recorded conversation and maybe he will wise up and save himself the court time?
 

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Discussion Starter #14
DJGibb said:
Maybe you should advise him of said emails and recorded conversation and maybe he will wise up and save himself the court time?
Maybe he should have enough sense to know that HE sent ME the Evidence needed.......or so I hope. :roll:
 

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Discussion Starter #15
According to this guys employee, the Sheriffs office served him the Notice to appear for the Warrant Hearing late last night.

Early this morning the items were returned.

Amazing how peoples attitudes change when they know they have to appear before a judge and, or, face jail time.
 

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Well done.

Apparently the system works.
 

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Discussion Starter #17
pml said:
Well done.

Apparently the system works.
It appears that it does.

Thanks go out to the NCSO Deputy that pointed out to me that there was such as thing as a Warrant Application.

So that others may learn from my mistake.

If you are ever involved in such a instance, there is no need to argue with the person that has done you wrong.

Go to your respective court, fill out the Warrant Application Hearing Form, and pay the fee.

The court will then set a date for a hearing.

The court will serve the other party a notice that they are to appear in court, that they have been accused of a crime.

At the hearing both sides are allowed to state the facts, and if the Judge so decides, a warrant may be issued on the spot against the other party.

If I'm wrong about the process, I'm quite sure someone will correct me.
 

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seereus said:
If you are ever involved in such a instance, there is no need to argue with the person that has done you wrong.
This is where so many of us go wrong. I include myself.
 

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Did the System work? Or was it the threat of the System that convinced the borrower to return the item.




:wink:
 
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