05-01-06_1814_small
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Is this a matter for small-claims court, or the police?

I recently sold a vehicle, and mistakenly gave the purchaser the wrong set of spare keys in addition to the correct keys to the vehicle. I want my keys back and the purchaser will not return them. If I take it to small-claims court I can get the replacement value of the keys back (or maybe the threat of going to court will be enough to get the person to send me my keys).

Or is this theft, and should I call the cops? I've requested several times that my keys be returned to me, the purchaser has acknowledged that they are my keys, but refuses to return them.

So- small claims court, hoping the hassle of going to court makes the person return my keys, or the po-po, hoping they can be bothered to go lean on the purchaser?

Dr_Adequate asked in Legal 9 months ago | Report

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2 Answers

  • Cateyes_small
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    What are the spare keys for? Your house? Your safety deposit box?

    Frankly, I think you should let it go. If you're freaked out about someone else with keys to your stuff, change the locks. Otherwise, you're basically out only the cost to have the keys recut -- probably a measly $5.

    It is definitely NOT theft (you gave the dude the keys), and small claims court would probably laugh in your face.

    MyrnaMinkoff answered in Legal 9 months ago | Report
    3 comments by mister_fusspot, soundslikepuget, and HoneyBadger…
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  • Avatar_default
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    I don't think it's an either/or situation. If you go to small claims court, you are going after the keys because they're your property. If, after going to the cops, the prosecutors decide to go after the guy, they'd be doing so because he violated a criminal statute.* Whether either option would get you the keys back is a different question. I would guess that going to the cops is more likely to get you the keys, assuming the cops and the prosecutors care, because they can always threaten the guy with jail while I don't know what penalties, if any, exist for failing to show up for a small claims court date.

    * It probably is a theft - it sounds like the guy is both "exerting unauthorized control" over the keys and also "appropriated misdelivered property."

    http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.56.020

    UnoriginalAndrew answered in Legal 9 months ago | Report
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