Recovering Stolen Property

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espadas

New member
Jul 4, 2011
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Hello,
A couple of days ago, my house near Puerto Plata was broken into (the garage actually) and some items were stolen. My Dominican friend living in the house thankfully wasn't there, but she hired a lawyer on my behalf. She hasn't told anyone that I am a gringo...everyone thinks she is living there on her own.

I have just found out that the police found one of the stolen items, my electric lawnmower. Apparently, the lawnmower was resold to someone else (the receiver). The receiver said that he paid 15,000 pesos for it (and I thought I was robbed!). The person who sold him the merchandise (the robber) was one of those who broke into the house and stole from me and is now in jail

The receiver doesn't want to be out for the whole 15,000 pesos and has asked for half of that money back before he releases the lawnmower. The robber said that he doesn't have any money. The hired lawyer and the police said to my friend that the receiver has the right to ask for money.

I am dumbfounded, but then again, I don't understand the Dominican legal system. Does this sound right? I wonder who is the proper owner of the lawnmower now? The receiver and I both own it? Am I obligated to buy my lawnmower back?

I haven't done my due diligence and checked out the entire site. If this has already been dealt with, my apologies. I need to respond shortly on what I am going to do.

What do you folks think?

Thanks,
 
V

VJS

Bronze
Sep 19, 2010
846
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Once a friend borrowed my camera and it got stolen by an employee of her father. Police got involved and the tracked the robber who by that time had sold the camera to a photo store (Fujitsu in Cabarete). Police simply confiscated the camera and gave it back to us, no money was paid to the store owner - who no doubt knew it was stolen goods as they paid in the order of 10-15% of the real cost.
 
V

VJS

Bronze
Sep 19, 2010
846
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can they confirm the 15K amount that was paid? - there is just no way someone will pay that much for a hot lawnmower. My guess it was sold for next to nothing but now they figure they can milk you for some real money (they being any combination of the receiver, police and the lawyer) and are playing you.
 
B

belmont

Bronze
Oct 9, 2009
1,536
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Can you prove the lawnmower is yours? Do you have a receipt with serial number on it? Even in the US, if stolen property is recovered by the police, you have to prove ownership to recover it.
 
Z

zoomzx11

Gold
Jan 21, 2006
8,367
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you are being duped. No one buys back their stolen property. Be sure that your Dominican "friend" who was in the house was not in on the whole deal. Its often done this way with inside help. In the DR it pays to be very very paranoid because, yes, they are out to get you. I have had some very strange things happen. Gringo experience does not begin to prepare one to live in the DR. Gringos are babes in the woods here.
 
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espadas

New member
Jul 4, 2011
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Thanks everybody for your thoughts and advice. I'm going to look into this further.
 
L

LILAC

New member
Nov 21, 2010
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Surprisingly, even in the US victims may have to buy back their property once located by police. My apartment was broken into and all electronics stolen (Mac computer, video camera, digital camera, and more). I was happy when the police notified me that the Mac was found at a pawn shop (luckily I still had the box with the serial number, and the pawn shop had to report serial #) but not so happy that I had to reimburse the pawn shop what they paid for it!!!!!!! Supposedly the thief (she was caught) will be told to reimburse me after conviction. The cops said that it is unlikely i will ever get the money back, as she could not even post bond as she's a destitute drug addict.
 
V

VJS

Bronze
Sep 19, 2010
846
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to OP: if I were you, I'd try to deal with the police directly: choose someone senior enough and just tell them that you'll give 500-1000 pesos for each piece of property recovered. It's amazing how efficient they become once they smell a little bit of money, even locals have to pay them something to work on their cases.
 
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belmont

Bronze
Oct 9, 2009
1,536
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LILAC said:
Surprisingly, even in the US victims may have to buy back their property once located by police. My apartment was broken into and all electronics stolen (Mac computer, video camera, digital camera, and more). I was happy when the police notified me that the Mac was found at a pawn shop (luckily I still had the box with the serial number, and the pawn shop had to report serial #) but not so happy that I had to reimburse the pawn shop what they paid for it!!!!!!! Supposedly the thief (she was caught) will be told to reimburse me after conviction. The cops said that it is unlikely i will ever get the money back, as she could not even post bond as she's a destitute drug addict.
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That is simply not true. In most jurisdictions there are laws that will shield a pawnbroker from criminal charges for receiving stolen property as long as he gets required identification (some states require a thumbprint) from the person pawning or selling an item. It does not absolve him of returning stolen property. He carries insurance for this in case he incurrs a large financial loss. Anybody who receives stolen property, including a pawn broker, must return it to the owner.
The pawnbroker assumes the risk that an item might be stolen property; however, laws exist in many jurisdictions that protect both the community at large and the brokers from unknowingly engaging in criminal activity (buying and selling stolen goods, also known as "fencing"). These laws often require the pawnbroker to establish positive identification of the seller through photo identification (such as a driver's license or government-issued identity document), as well as a holding period placed on an item purchased by a pawnbroker (to allow for local law enforcement authorities to track down stolen items). In some jurisdictions, pawnshops must give a list of all newly pawned items and any associated serial number to police, to allow the police to determine if any of the items have been reported as stolen. Many police departments will advise burglary or robbery victims to visit local pawnshops to see if they can locate stolen items which might have been pawned or sold to the pawnbroker. Some pawnshops set up their own screening criteria to avoid buying stolen property.
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L

LILAC

New member
Nov 21, 2010
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Belmont--feel free to contact the Pittsburgh police, and then you can apologize for insinuating-no, stating-that I am lying. Notice that your quote above states "most jurisdictions" I certainly wish it was true for all. I'm still furious that I had to pay $350 to buy back my own Mac. However it was obviously worth far more than that, not to mention all the photos and stuff I had saved. The policy of the law, as the cop explained, is that the criminal must make restitution. Since the pawn shop operated in good faith by asking for ID and registering the serial number , they should not be out the money. I was given the option of having the computer taken by police as evidence until the trial but was told that would be many many months, and that sometimes merchandise may go missing. Cop said my best bet was to reimburse pawn shop what they had paid. I could not believe it either, but it shows that it is not only in the DR that unfair policies exist.

Why would you think I would make up something like this? Just because YOU do not know something----does that make it untrue? Yet another example of a new poster being treated like crap. what is with you guys?
 
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Bigocean

New member
Nov 25, 2010
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LILAC said:
Belmont--feel free to contact the Pittsburgh police, and then you can apologize for insinuating-no, stating-that I am lying. Notice that your quote above states "most jurisdictions" I certainly wish it was true for all. I'm still furious that I had to pay $350 to buy back my own Mac. However it was obviously worth far more than that, not to mention all the photos and stuff I had saved. The policy of the law, as the cop explained, is that the criminal must make restitution. Since the pawn shop operated in good faith by asking for ID and registering the serial number , they should not be out the money. I was given the option of having the computer taken by police as evidence until the trial but was told that would be many many months, and that sometimes merchandise may go missing. Cop said my best bet was to reimburse pawn shop what they had paid. I could not believe it either, but it shows that it is not only in the DR that unfair policies exist.

Why would you think I would make up something like this? Just because YOU do not know something----does that make it untrue? Yet another example of a new poster being treated like crap. what is with you guys?
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This is shockingly true. Very contrary to what I had always supposed.
I remembered reading this sitting in the Miami Int Airport last summer and being very taken back:
Michael Mayo column: Pawn shop wants burglary victim to pay $1,150 for her stolen jewelry - Sun Sentinel
 
F

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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www.drlawyer.com
Articles 2279 and 2280 of the Dominican Civil Code:

Art. 2279.- En materia de muebles, la posesi?n vale t?tulo; sin embargo, el que haya perdido o a quien le haya sido robada alguna cosa, puede reivindicarla durante tres a?os, contados desde el d?a de la p?rdida o del robo, de aqu?l en cuyo poder lo encuentre, salvo el recurso que ?ste tiene contra aquel de quien la hubo.

Art. 2280.- Si el actual poseedor de la cosa perdida o robada, la hubiere comprado en una feria o en un mercado, o en p?blica subasta, o de un mercader que venda cosas semejantes, no puede el due?o primitivo reivindicarla, si no reembolsa al poseedor el precio que le cost?.

Hastily translated into English:

Art. 2279. With regards to movable property, possession is equivalent to title. Nevertheless, the person who has lost or from whom a thing has been stolen, may claim it during three years, from the day of the loss or of the theft, against the person in whose hands he finds it, subject to the remedy of the latter against the person from whom he acquired it.

Art. 2280. If the present possessor of the thing lost or stolen has bought it at a fair or market, or at a public auction, or from a merchant selling similar things, the original owner may have it returned to him only by reimbursing the possessor for the price which it has cost him.
 
C

Criss Colon

Platinum
Jan 2, 2002
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yahoomail.com
Sounds like being a "Ladron" in the DR makes good business sense!
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