[darmok]

I'm an amateur filmmaker (mostly as a hobby), and when I'm not using my equipment, I occasionally rent it out to other local amateur filmmakers. I have a rental agreement form the renter needs to fill out, and do my best to evaluate the renter before letting the equipment go.

Last week I rented a microphone and some accessories (approx. $500 worth) to a woman who has not returned it, and is doing her best to not answer the phone when I call or return any calls or emails. She lives about 20 miles from me. The gear was to be rented for 2 days, and it's been over a week since it was due back.

I have the rental agreement and made many honest attempts to contact her to no avail (aside from leaving messages). I know now that she is avoiding me.

My question is this: do I go to the police and file a theft report and give them her information, or do I need to take this up in small claims court?

Any other helpful suggestions are appreciated - but yes, I am taking further steps to safeguard my stuff in the future!

[CaptainForest]

Yes.

Go the police and file a report.

Don't get your hopes up though as they probably won't do anything but issue the report.
Then you need to take her to small claims court. But make sure you have the police report filed first.

Maybe you will get lucky and she will get scared when the police go to her home that she gives them the equipment and says “it was a misunderstanding”.

[darmok]

One quick followup: The renter lives in a different city & county than I; do I file the report where it was rented, or where the renter lives? Thanks.

[CaptainForest]

Go to your local police station.

Ask them. If you are suppose to go to the other city, they will know.

But I believe you should go to your local police. Where did she sign the rental agreement, in your city I take it?

[Fr_Chuck]

You should go to the police in the city where you signed the rental agreement. ** don't be surprised if they don't want to take it and send you to the other city, where don't be surprised if they tell you to go back to your city. ( sorry I just want to be honest to you what happens lots of times.

Next you may even have to remind them what law is broken, it is called
"theft by conversion" The police seldom do much since they look at it more as a civil issue but it is criminal.

Next you file suit in small claims court for the value of the property.

** Of course I would drive over to her house and stand for the porch till they gave me the equipment back. ** after I did the police report, so if she calls the police they can arrest her.

[darmok]

Thanks for your help so far! One final question - once I file a police report, will the police go arrest her for theft? Can I somehow get the police to take action against her, or do they mostly ignore it and then I have to go to small claims court to get a judgement against her?

Thanks in advance!

[CaptainForest]

In theory, they should do an investigation and after realizing that she has indeed stolen you property, they should arrest her.

In practice, they won't arrest her.

So file the report, and then go to small claims court.

[Fr_Chuck]

Depends on where you live and your police.

Your local police would have to investigate, of course at this point it is your word, they have to see the equipment. So they will send an officer over, if she says yes it is just a misunderstanding, he may just get the equipment and return it to you. But if he goes and does not see anything, they may merely cite her ( give her a court date to appear and plead or defend her actions)

Next lets say you lived in Atlanta, that is where I lived and worked as a police officer before. They don't even send an officer to take a report if you have your car broken into. So in a city like that it may not even get the folder ever opened.

If you live in mayberry where I do now. I woke up confused here one morning, there were three men in the lot next to my house, I thought it was 3 in the morning it was 7 in the morning. I called 911 because I though they were suspsious. Ok three police cars with in 2 minutes.
So here they most likley would drive over and talk to her ( but only within their own town) if out of town they would have to turn it over to the other cities police.

All I can say is to file the report, call them back checking on it, ask them what dectitive is being assigned the case and keep in contact with him.
They will either arrest you (joking) or finally follow-up on your case.

But no matter what, you also need to file civil suit, if the police don't find the equipment ( she may have pawned it by now) the only way you get your money back is civil suit. ( if she has any money to give you)