Pomona, CA asked in Criminal Law and Federal Crimes for California

Q: Can I charge some for stealing or otherwise unknowingly buying my cat and refusing to return him?

Related Topics:
2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: CLEARLY YOU CAN FILE IN CIVIL COURT.

THE FACTS WOULD DETERMINE IF A CRIMINAL FILING WOULD BE ACCEPTED BY THE DA.

David Stephen Kestenbaum
David Stephen Kestenbaum
Answered
  • Criminal Law Lawyer
  • Van Nuys, CA
  • Licensed in California

A: Only the DA or City Attorney can charge someone with a crime. Not sure about your fact pattern since you state they bought your car (or cat) unkowingly. If you are talking about a cat you are going to be hard pressed to get any action from the police.

If you are saying that someone else sold your cat to someone, they are the possible criminal.

In any event, cat or car, you have to start with a police report. The person who bought the cat is called a BFP, Bonified Purchaser without knowledge and may have a civil claim to the feline.

It sounds like small claims court is your best bet.

Good luck!

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.