Legal Opinion - golf clubs stolen at golf course

[BrutuStrength]

He called the police they said that legally there was nothing they could do b/c the store can't just give the clubs back b/c criminals could scam the store out of tons of money by having one guy selling the clubs and then his cronie partner coming in and getting the clubs back for nothing and then running that scam on multiple stores.

That seems odd. By that logic, the reverse could easily be true if the store had a guy that would go to various sports venues and steal the equipment for the store to sell. Either way, someone gets scammed out of their money. I would think that the store would have some form of insurance to help make up for such a loss.

Perhaps someone with a legal background could better explain how this should actually play out.

 

[BrutuStrength]

That seems odd. By that logic, the reverse could easily be true if the store had a guy that would go to various sports venues and steal the equipment for the store to sell. Either way, someone gets scammed out of their money. I would think that the store would have some form of insurance to help make up for such a loss.

Perhaps someone with a legal background could better explain how this should actually play out.

OK, so I found this actual case.

Similar story. A guy broke into a house and sold the items for $150 at a pawn shop. The true owner found the items at the pawn shop. The pawn shop made the people pay $150 for the items. The people later sued the pawn shop for the $150, interest, and attorney costs. They won.

"If the chief or sheriff receives a report that property has been stolen and determines the identity of the true owner of the allegedly stolen property that has been purchased or pawned and is held by a licensee, and informs the licensee of the true owner's identity, the licensee may restore the allegedly stolen property to the true owner directly.

"If a licensee fails to restore the allegedly stolen property, the true owner may recover the property from the licensee in an action at law."

Based upon a plain and unambiguous reading of the statute, we find the statute permits a person whose item was stolen and pawned to recover the item without charges. If the item is not recovered without charge, the person may sue the pawnshop

"If the licensee returns the allegedly stolen property to the true owner, the licensee may charge the person who pledged or sold the allegedly stolen property to the licensee, and any person who acted in consort with the pledgor or the seller to defraud the licensee, the amount the licensee paid or loaned for the allegedly stolen property, plus interest and storage charges provided for in section 4727.06 of the Revised Code."

So the store would have to give back the money they charged, and their recourse would then be to sue the person that originally sold them your buddy's clubs to get their money back.

You better tell your buddy to get an attorney so he can get his money back.

 

[Jimmy Carter]

OK, so I found this actual case.

Similar story. A guy broke into a house and sold the items for $150 at a pawn shop. The true owner found the items at the pawn shop. The pawn shop made the people pay $150 for the items. The people later sued the pawn shop for the $150, interest, and attorney costs. They won.






So the store would have to give back the money they charged, and their recourse would then be to sue the person that originally sold them your buddy's clubs to get their money back.

You better tell your buddy to get an attorney so he can get his money back.

His incident happened before this court case so no recourse for him unfortunately.

 

[BrutuStrength]

His incident happened before this court case so no recourse for him unfortunately.

I'd still consult an attorney if I was him, as he could get his $300 plus interest, and attorney fees. I don't know what time limit he might have (how long ago was it?), but an attorney should at least be able to tell him if he has a case.

 

[JohnnyCockfight]

I'd still consult an attorney if I was him, as he could get his $300 plus interest, and attorney fees. I don't know what time limit he might have (how long ago was it?), but an attorney should at least be able to tell him if he has a case.

Good advice, and besides, that case was decided upon a plain reading of statutory authority, which presumably hasn't changed.

[FONT=&quot]The rule in America with regards to stolen personal property generally is this (from Williston on Sales): "One who has no title to personal property can transfer none. A buyer from such a seller, even though he pays value in good faith without notice, does not acquire title against a rightful legal claimant." The states that I researched have followed that rule.

So, to the original poster, if you find your golf clubs for sale in a pawn shop, or consignment store, call the cops, file a report claiming ownership, and get your shit back.

I researched this issue in connection with a museum that had artifacts stolen. The federal prosecutor and federal investigating agents had no idea this was the law and were shocked upon learning it, the fact of which still dumbfounds me.

Internationally, the law generally is the opposite - an innocent buyer in due course of stolen goods has better title to personal property than the original owner from whom the items were stolen (with regards to art & museum items anyway).
[/FONT]

 

[Fungo Squiggly]

Steal someone else's clubs and call it a day.

 

[BUCKYLE]

He called the police they said that legally there was nothing they could do b/c the store can't just give the clubs back b/c criminals could scam the store out of tons of money by having one guy selling the clubs and then his cronie partner coming in and getting the clubs back for nothing and then running that scam on multiple stores.

Your buddy is a bitch. The proper response in that situation is to chuck a dumbell at the clerks head and steal your own clubs back.

 

[TRON 2.0]

So I was in Las Vegas

What happens in Vegas....

 

[scott91575]

He called the police they said that legally there was nothing they could do b/c the store can't just give the clubs back b/c criminals could scam the store out of tons of money by having one guy selling the clubs and then his cronie partner coming in and getting the clubs back for nothing and then running that scam on multiple stores.

Incorrect. If a store is dealing in stolen goods, even if they don't know about it, that store must give up the stolen goods to the original owner. Then that company must go after the original seller. They cannot run a scam because the police must get involved, and they would be able to track the people running said scams. So in other words, if your buddy is not lying, those cops were just lazy or stupid.

edit: looks like someone beat me too it.

 

[scott91575]

His incident happened before this court case so no recourse for him unfortunately.

Does not matter when the incident happened. It's not like they were overruling a previous precedent. They were enforcing an already on the books law.

 

[jimotis4heisman]

Buddy of mine had his stolen off of his cart while he went in to take a leak between holes 9 and 10 at the Phoenix in Columbus.

He found them an hour later at Play it Again Sports and the meth head had already sold them for money.

Even though the bag had his wallet inside of it, he still had to buy his own clubs back for $300.

You're screwed.

 

[osugrad21]

Your buddy is a bitch. The proper response in that situation is to chuck a dumbell at the clerks head and steal your own clubs back.

Incorrect.

Proper response is cracking his skull with your driver then adding one of their brand new drivers to your bag as a gift for your troubles.

 

[scott91575]

Incorrect.

Proper response is cracking his skull with your driver then adding one of their brand new drivers to your bag as a gift for your troubles.

If you are going to do that, try them out and get fitted for the right one first. Then your option.

 

[NJ-Buckeye]

It just sounds like Vegas... they're all in cahoots... I have little doubt those golf course folks know exactly which 'group' stole those clubs... just like the insider rings in the hotels... when things disappear like laptops etc... from conference rooms... it's just part of Vegas... firsthand experience...

 

[scott91575]

It just sounds like Vegas... they're all in cahoots... I have little doubt those golf course folks know exactly which 'group' stole those clubs... just like the insider rings in the hotels... when things disappear like laptops etc... from conference rooms... it's just part of Vegas... firsthand experience...

What you bring to Vegas, stays in Vegas.