PetaPixel has an article today on a woman dealing with having her camera stolen. The camera has been tracked to a local Pawn Shop, which refuses to turn the stolen property over absent payment or an arrest warrant for the thief.
So, how exactly do you deal with a situation like this?
The first step for dealing with theft needs to occur in advance: keep the proper records.
Keep the sales receipt. If you use a credit card, keep the statement that shows purchase. When you fill out the manufacturer's registration form keep a photocopy of the form. The form probably has a spot for the equipment's serial number. Write down the equipment's serial number if there is no other record of it.
Take pictures of the equipment. You can include a a picture of the equipment next to a newspaper for date purposes. Including a picture of yourself holding the equipment helps establish ownership if questions arise in that area. If the equipment is a camera and you don't have another one, try using a mirror. (This will only capture the front of the camera, but will show you holding it.)
Make sure to capture legible photos of the serial number.
Records need to be kept separate from the equipment. They don't help if the thief takes them.
Keeping the records in your home is fine for dealing with theft. Store records off-site if the equipment is covered by fire insurance. (You don't want the fire to destroy the records along with the equipment.)
Digital copies can be stored online. Digital records should be in addition to the hard copies, not substitutes. (There are websites that offer a service storing equipment information. Try Lenstag.com.)
When the equipment is stolen take all the above records with you when you file a stolen property report with the local police. Make sure to get a copy of the report when it is filed. You'll may need this later.
Contact the Insurance Company if the equipment is insured against theft. You'll need the police report when doing this. (Note: you may not want or be able to file an actual claim at this point. You'll still need to give them notice as soon as possible.)
Contact the credit card company if a card was used to purchase the equipment. Credit Card companies may offer coverage for theft if it occurs within a certain amount of time following the purchase. The police report will be needed if the company offers this type of coverage. The card company may prove a valuable ally when attempting to recover the stolen property even if the theft isn't covered.
Try an Internet Search for the stolen property. Include the serial number in the description. You can also use a free equipment database site like Lenstag.com.
But What if You Find it and the Person Won't Return it?
The actions you can take if the equipment is actually found in someone's possession is going to depend on the exact circumstances.
Think about getting legal advice. Paying for legal advice from an attorney may be worth it when dealing with expensive equipment. It makes less sense if the equipment is of moderate value. (At a certain point, the legal fees will be higher than simply purchasing a replacement.)
You can always try doing things yourself, relying on the free advice that can be obtained online. There are legal sites that will offer advice. Photography forums are another potential avenue for free advice.
If you want one-on-one advice, try the local law school. Third-year law students may be allowed to engage in pro-Bono legal work as long as they are monitored by an attorney licensed in that jurisdiction. This includes oversight by faculty member at the law school. This provides the student with valuable experience and provides a service to those unable to afford legal fees.
Talk to the police department. They may be able to walk you through the steps needed to recover the goods yourself. They may also be in possession of information you will need to recover the stolen equipment.
One step that will probably be mandatory: establishing "Notice". Notice means that the person in possession of the goods knows that the goods are stolen property. You may have to contact that person and give them notice before taking any legal actions.
(There is something called "Constructive Notice". This means there is evidence that the person knew or should have known the goods were stolen. In the article, the Pawn Shop bought the camera from a person with a felony record and the Pawn Shop had that person's fingerprints.)
Bring in the Big Guns
Contact the Insurer or Credit Card company and give them all the relevant information. The Insurer has a vested interesting in the stolen goods being recovered. That prevents them from having to pay a claim.
Contact the media. (Why do you think you're reading this?)
No business wants bad publicity. In the case of the Pawn Shop, there is a chance people will stop shopping there because they realize the goods may be stolen. Nobody wants to get a visit from police because the bought stolen property. Plus there is a chance they will be forced to turn the property over to the rightful owner.
Threaten to contact the media first. Then actually do so if the threat fails to work.
Threaten to sue.
Lawsuits are expensive to defend. If the cost of the equipment is low, giving it back may be less expensive than paying an attorney. A letter threatening to sue, with all the relevant grounds, my result in quick return of the property.
Make sure all potential legal claims are spelled out to the person holding the equipment. Remind them that Intentional Torts carry the possibility of punitive damages.
Off-hand, I can name two Intentional Torts that the woman involved in the PetaPixel article could use as legitimate threats when negotiating with the Pawn Shop for the return of the camera. I believe Florida caps damage for Intentional Torts at $125,000.
If you're a Pawn Shop and you're told you face a potential $250,000 legal judgement if you don't turn over property you paid $190 for, have been informed was stolen (and probably knew was stolen when you purchased it), what would you do?
If all else fails, file a lawsuit.
This gets the defendant's attorney involved. If there is a chance of the defendant facing a large settlement or large fees, the attorney may advise to settle by turning the equipment over.
Filing a lawsuit does require filing fees which may make this step impractical unless dealing with expensive equipment (or outrageous behavior by the defendant that could result in large punitive damages).
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