anyone here a lawyer

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mully

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need some help on this one guys, lets hear your input. my friend knows this girl that wants to sell her boyfriends card collection,(which is in her possesion).
the problem is,is that they are spatting and he owes her money, yet he is nowhere to be seen. So the question is"if i buy this collection can this boyfriend claim that it is his stuff and she had no right to sell it" how does the law view this?? "i don't want to buy this collection and have the police confiscate it from me"
 
Not a lawyer, but I did stay at a Holiday Inn last night.

Kidding aside - don't touch it with a 10 foot pole.
May be in her possession - but if he can prove it's his and she has either:
A judgement against him letting her satisfy it with taking his possessions.
Or a written document turning the collection over to her to satisfy a debt.

I am from the US - but am pretty sure on the basis of those facts she does not have the right to sell his property.
 
Bruce is right, I'm not a lawyer either but you'd run the risk of being in possession of stolen property.

Having the police confiscate it one day is one thing - what if dude just shows up and demands it back? Who knows what kind of crazy that might be...

I'm sure if you think about it, if it's too good to be true... it is. Leaving that flaming mess in the trash bin and run away.

Cory
 
Rule of thumb.....if you see a red flag then move on.

Buy it and you could be involved in a crap show you knew in the back of your mind that something wasn't right.


Your call but if I was in your boat...."Hell No"
 
' So the question is"if i buy this collection can this boyfriend claim that it is his stuff and she had no right to sell it" how does the law view this?? "i don't want to buy this collection and have the police confiscate it from me" '

While there is very little information to give you a correct answer, I would pass on the deal unless I knew a bit more about the situation.The boyfriend can always say she had no right to sell and file a claim to get it back. I doubt the police will ever be involved and they do not seize property involved in civil matters (in my jurisdiction). The "boyfriend" would have to file a report listing it as stolen and it would have to be specific. I am also in the US so maybe Canada looks at this differently. Lastly, the stories that begin with "I have this friend who knows somebody", usually doesn't work out well. Lots of ambiguity in this.
 
big difference when dealing with possessions in a marriage vs a common law relationship/boyfriend girlfriend scenario. In this particular situation unless he can prove they belong to him ie insurance on the collection in his name he is pretty much SOL.

Him owing her money plays no barring unless he has specifically stated, in writing, that the collection can be used to settle his debt.

My biggest concern would be them reconciling and then having the two of them come at you to get them back.
 
Sticky situation.

Let's face it, people buy and sell stolen crap all the time. Some people make a living on it and some people do it out of necessity.

There are a lot of factors at play here. Legally, yes he could get his cards back in very rare scenarios. Depending on what's in there, most people don't take it to the next level to get their belongings back in whatever situation is going on. But theres a big difference, as stated already in common-law and marriage.

If someone's $1,000 bicycle gets stolen the police will do nothing about it unless it is turned in or found. Who is going to turn in a $1,000 bicycle? Chances are slim of getting your stuff back.

However, I have scans of the vast majority of my cards. So serial-numbered cards would be instant proof they once belonged to you. But then would there have to be proof of transactions when said cards finally show up?

So, lot's of factors at play here. I would personally need more information on the specific situation and then weigh the risk/reward.

I could honestly see there being many different scenarios of this situation where I Would actually make the deal. Someone is going to make the deal regardless, if the money is needed.
 
Perhaps the lot she is trying to sell was stolen and this is their plan to move this lot on to some unsuspecting collector.
 
piper1 said:
Perhaps the lot she is trying to sell was stolen and this is their plan to move this lot on to some unsuspecting collector.
Click to expand...

This could also be true. Like I said, there are a lot of factors at play here. And then you gotta think, for most things that are stolen is a BS story with it just to help the stolen goods get moved. A sucker is born every minute.
 
Necron99 said:
' So the question is"if i buy this collection can this boyfriend claim that it is his stuff and she had no right to sell it" how does the law view this?? "i don't want to buy this collection and have the police confiscate it from me" '

While there is very little information to give you a correct answer, I would pass on the deal unless I knew a bit more about the situation.The boyfriend can always say she had no right to sell and file a claim to get it back. I doubt the police will ever be involved and they do not seize property involved in civil matters (in my jurisdiction). The "boyfriend" would have to file a report listing it as stolen and it would have to be specific. I am also in the US so maybe Canada looks at this differently. Lastly, the stories that begin with "I have this friend who knows somebody", usually doesn't work out well. Lots of ambiguity in this.
Click to expand...


While we do not know the value of the ‘collection’, if it is large enough and he goes to even small claims court - and gets a judgement - then the police/sheriff - can almost certainly get involved in upholding a courts ruling to confiscate assets to settle the claim. I realize that you are in AZ - but I am pretty sure that it works that way even there. It really has to do with $4 value.
I own a retail enterprise and can tell you that small claims court is far more powerful than you may realize - if used properly.
 
thanks for all the replies guys,i will resist the temptation and pass on this collection.
 

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