Q: If my friend watched my dog for a while and i went to get her back but they would not give her to me, is that theft?
My lease recently ended at my old home so i had to move in with a family member for a while. I had 2 dogs and could only take one to my families home. So my friend offered to keep her till i can have her again. Well its been almost a month and i went to get her back but now they hid her at another family members home whom i do not know them or where they live and they wont let me have my dog back. What can i do? Isnt that theft? I have no way of finding any info on the girl and boys parents. I call the cops but they stated i needed to file a civil lawsuit. Not to mention the person is under 18 and the parents are not working with me at all. Im so sad and mad. Help please!!
A:
Unlike failure to return leased property which by statute is a crime (See § 18.2-118. Fraudulent conversion or removal of leased personal property), failing to return personal property (your dog) is a civil matter rather than a criminal matter. A detinue action in the general district court is the manner in which a person would get the court to order the return of the property (your dog). Theft or larceny in Virginia is under common law (1)the unlawful taking and carrying away of (2)
someone else's property; (3) without the consent of the owner and with (4) the intent to deprive the owner of the property permanently. Since you left the dog with the friend, the element of the unlawful taking and carrying away may be missing.
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