[deleted] OP t1_j60hvez wrote
Reply to comment by Kizag in TIFU by letting my parents pawn my silver by [deleted]
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buzz1089 t1_j60pp93 wrote
Tell the cops. The pawnshop has no reason to give it back because it means they lose money so they won't.
SandPractical8245 t1_j60sl2a wrote
Unfortunately from a legal standpoint, this would be a civil case. He willingly gave the coins to his parents, even if it was under false pretenses. So for example, if I ask to borrow your car to go around the block and get permission, but really I drive to the next town over, you can't report the car stolen. I have the keys, and gained possession legally. That removes it from police hands, and moves it into courts jurisdiction.
BowzersMom t1_j60x6fd wrote
Lol. If you took my car to the next town over and I called the cops to report it as stolen, if they find you before you return the car the they will treat it as stolen and arrest you, and you will have to use my limited permission as a criminal defense. I’m that case, you’d better be VERY credible when explaining to the judge or jury that you really were going to return it, I was just too hasty!
However, if you returned it and then I found out you drove it further than intended and I then reported to police that you stole my car, they’d look in my driveway and say “that car? But it’s right here. Stop wasting our time.” But I’d still have the option to sue you at the current mileage rate, though it wouldn’t be worth it.
I’m not sure how the legal principals around a minor giving his parents his valuables to pawn shakes out. In reality it is very stupid to give someone something to pawn and expecting it back. But we’ve got a 16 year old kid trusting his parents and wanting to help them out. They’re clearly lowlifes for doing this.
LexLuthorsHairPiece t1_j61d5jk wrote
Was on a grand jury with a very similar case. The DA more or less said after hearing testimony from the minor in question and the police officer who filed the report that they didn't have a legal leg* to stand on since the plaintiff agreed.to giving the items to his guardian (s).
*Edited to add leg.
[deleted] OP t1_j60xyqc wrote
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3Shifty1Moose3 t1_j612c78 wrote
So I allow someone to borrow my car and they decide to not return it. That's not theft? Wtf clown world is this if that's not considered theft
BENDOWANDS t1_j613kp6 wrote
See my other comment for more info. But (at least in Missouri my) you can absolutely file that as stolen. My future sister in law works at a carmax. Someone test drove a car and was supposed to return in about 15 minutes. An hour later with no contact they reported it stolen and the kid was charged with vehicle theft.
SandPractical8245 t1_j613urp wrote
Responded to your other comment already! Theft by deception is different than grand theft auto.
BENDOWANDS t1_j61bbb5 wrote
My bad, didn't realize it was the same person. Still stolen regardless. Overall a really shitty situation for OP to be in.
Ghost17088 t1_j60vw77 wrote
Highly depends on the state. Theft by deception is a thing.
SandPractical8245 t1_j60wqiy wrote
You're absolutely right! In the states where theft by deception is chargeable, there would still be a gray area because of the intention of pawning vs selling. Op admitted in their post that they knew their parents would not ever get the items out of pawn, which means they knew there was a risk of losing it overall either way. I am in no way sticking up for the parents, just stating what case an attorney may be able to make in regards to that specific charge.
BENDOWANDS t1_j612to6 wrote
No.
This actually happened at my future sister in laws work (Carmax). They had an employee that wanted to test drive one of the new sports cars that was around. They gave him like 15 minutes or so, after an hour or so of it missing (and not being able to contact the person) I believe is when they called the cops to report it stolen.
The rest of the story gets into a giant jumbled mess, but regardless, how he got it and what he did with it are entirely different things.
Otherwise I'm going to borrow your car, and then just never give it back. But it's not stealing because I got it legally in the first place and had permission to.
Edit: the other person mentioning being a minor giving it to parents to loan out makes a fair point unfortunately for OP. The law likely won't favor towards OP.
SandPractical8245 t1_j613dwp wrote
A valet driving off with your car would also be theft by deception, the crime you are describing. This isn't a crime in every state, but there is no state where you can be charged with grand theft auto if you have the keys unless you also committed robbery/breaking and entering to get the keys. That "permission" you discussed is what eliminates culpability on the driver's part. You can't withdraw permission anytime you want and make it a crime.
U_Dun_Know_Who_I_Am t1_j61ch57 wrote
This is more like the parents asked to borrow the car for a week, and a week later when you asked about it you find out they sold it.
ark_mod t1_j60ptxd wrote
Of course they did - they don't want to be accused of having stolen goods.
The reality is if you file a police report you will get your coins back from the pawn shop. However, the police will file charges against your parents.
You would need to decide - do you value your relationship with your parents or your memories with your grandpa more.
[deleted] OP t1_j60q8yu wrote
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FiliaMortis t1_j60qv3v wrote
Please do (after you secure a new place to live). Just because they’re your parents, that doesn’t give them the right to steal from you. You tried to resolve it with talking and they didn’t even try to negotiate, so this is entirely on them.
Edit: The parts in brackets.
blahbleh112233 t1_j60sjo0 wrote
That sounds great but he's still going to have to live with his parents. If he's underage, then it's a recipe for getting kicked out of the house at an early age.
I swear reddit loves doing this and telling people to file labor abuse claims with the state.
FiliaMortis t1_j60syss wrote
They’re just going to keep using him as a paycheck anyway, according to OP’s other comments. He’s not allowed by his parents to get a job since they use him for social security income, and I bet you anything that they’re going to destroy his credit by opening cards under his name.
There’s no ideal solution here, either he bears with the abuse (which this absolutely is) until he’s a legal adult or he starts standing up for himself.
blahbleh112233 t1_j60t9gi wrote
You do realize living in a home is significantly better than being literally homeless right? OP needs to cut all ties as fast as he can but doing it with zero preparation is just going to land him on the streets. But let reddit be reddit in giving utterly terrible advice
FiliaMortis t1_j60ttxx wrote
He doesn’t have to do it right this instant. Once he’s got an exit in progress, he most definitely should report his parents.
[deleted] OP t1_j60uf8g wrote
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FiliaMortis t1_j60umdg wrote
Yea, I should’ve clarify that in my original comment. That one’s on me.
[deleted] OP t1_j60vsey wrote
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FiliaMortis t1_j60w5cq wrote
Understandable to be honest, looking from your perspective, I’d have reacted the same way to my own comment. A lot of us get incensed by any form of injustice, and are quick to suggest seeking justice, while being incredibly short-sighted about it.
Thank you for your first comment in pointing out that my original comment was too hasty in that. We all want the OP to come out of this winning, but most importantly, safe and okay.
Letifer_Umbra t1_j60vale wrote
It sounds as if he is living alone already to me, so in that case yeah if he doesn't have a bond with them anyway who cares.
blahbleh112233 t1_j60vqht wrote
That would be a pretty unique situation considering his parents are his caretaker for the SSI
HRNK t1_j60rx73 wrote
The longer you wait, the less silver you'll be able to recover.
Letifer_Umbra t1_j60v5bl wrote
I could forgive the pawning it, I could forgive the buying smokes from it, but to pretend it didn't even happen and as if they have no clue what it was about - yeah sue their asses.
Makifo t1_j618idk wrote
100% file a police report. They might be able to recover the coins. Pawn shops have to keep slips on everything.
Ghost17088 t1_j60vpmf wrote
Well yeah, if they agreed with you they would essentially be admitting to buying and selling stolen property. That could cost them their business and depending on the state/value of them could be a felony as well.
PAdogooder t1_j61bki4 wrote
Unfortunately, as a minor, you don’t really get to have property or make contracts. Your parents sold your silver to pay their bills and made choices you disagree with. You didn’t fuck up. They did.
The good news is that while you did lose something of immense sentimental value, you didn’t lose that much money. It feels like a lot now but the hundreds of dollars your parents wasted showing you who they are is a drop in the bucket compared to what you can save by prepping to be independent when you turn 18.
I hate it for you, friend, but this is one of those things that is best assigned to tuition in the school of life and is only wasted if you don’t get the best lesson out of it.
shoulda-known-better t1_j60vtia wrote
Ugh it's harsh but the only way to get it from the pawn shop would be to file a police report on your parents..... shitty move definitely! (If they are shitty people and your young lock your SS# until your wanting to actually use it!! Just in case!!)
Aggravating-Face4749 t1_j612i3y wrote
Police bro
Salt_Sun111111 t1_j615ky4 wrote
Pawnshop owners see these situations all the time and they won’t budge without a police record. They’re pretty predatory in that regard but from their perspective, there’s always someone with a sob story every day and they’re pretty callous to which ones are real or not. Police report is the way to go.
Fun-Pea-880 t1_j615q3i wrote
I would take it to civil court and sue your parents. Sure it will burn your bridges with your parents, but that bridge isn't worth saving.
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