Q: If a person purchases an item in "good faith" & later finds out the item was reported stolen,can they now keep it?
My service dog was stolen and a report done. Later we found the animal and they ones that had it didn't steal it but they bought it in "good faith" They do not want to give the animal back. The police have been over there and told them they are now in possession of stolen property but they will not give up the dog. Are they NOW breaking the law, for refusal to return stolen property?
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A: No they cannot keep the property if it has been stolen even if it was purchased in good faith. They become another victim of the crime and are entitled to compensation called restitution. But unless the owner agrees to relinquish the dog in this case - it must be returned. H
A: The police typically will not intervene in cases involving property disputes regarding dogs. Your best bet is to sue them for replevin in county court (not small claims court), and make a civil claim under the rights to stolen property statute. If they truly are a good faith purchaser you would not necessarily be entitled to triple damages and attorney fees, but the question for court would be whether their good faith ended once they were advised that the dog was stolen.
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