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View Diary: It keeps happening: Faceless Bank's Repo Contractor hauls all of W Va. Woman's possessions to dump (279 comments)

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  •  It's not a crime (3+ / 0-)
    Recommended by:
    VClib, coffeetalk, Susan G in MN

    it's  a tort, a civil action for negligence. The crime of theft requires intent to take property not your own.

    •  Perhaps. (7+ / 0-)

      But the police chief didn't even investigate.

      Has the company/persons hired by the bank made this mistake before? Have expensive items gone mysteriously missing from "wrong" houses?

      Still, JUST BECAUSE the law apparently shields collection agencies from the criminal code (if you accidentally break into a house because you're too drunk to know it's not yours, they'll still bust you for breaking and entering), doesn't mean Jack. It's breaking-and-intering, plus grand theft. The bank hasn't paid. There's your intent.

    •  It should be. (11+ / 0-)

      Unless you actually give it back.

      If you accidentally take property not your own, it should be a crime if you then fail to return it after it is pointed out that it was not yours to take.  And in the same shape it was when you took it.

      Call it 'refusal to return' or somesuch, and criminalize it.

    •  I'm not sure "breaking and entering" (6+ / 0-)

      necessarily requires intent to steal to be a criminal offense.  

      Otherwise - I can just go around breaking in to peoples' houses, and as long as I have no intent to steal, there's no criminal charge?

      A new hobby, perhaps . . .

      Fiat justitia ruat caelum "Let justice be done though the heavens fall."

      by bobdevo on Fri Aug 30, 2013 at 05:44:02 AM PDT

      [ Parent ]

      •  At the least (3+ / 0-)

        it would be trespassing? And creepy. Way creepy.

        "These are established professionals that have a liberal bent, but ultimately most of them if pushed will choose professional preservation over cause, such is the mentality of most business professionals" -BoA/HBGary/CoC

        by LieparDestin on Fri Aug 30, 2013 at 06:39:21 AM PDT

        [ Parent ]

      •  "Breaking and entering" (1+ / 0-)
        Recommended by:
        Pi Li

        requires a "mens rea" (criminal intent) to the extent that you know you have no right to be going into that property.  

        If, for example, my parents lock themselves out of their house, and say to me, "I need to get inside ASAP -- my heart  medicine is in there" and I break a window and go in, that's not criminal.   I probably believed that I had to ok  to be there, even if my parents say -- "I just meant look for the keys -- I didn't mean break a window!"  I may have to pay for what I broke, but I can't imagine any prosecutor charging me with "breaking and entering."  That crime requires a specific criminal intent -- that you are going in with the knowledge that you are not supposed to be doing that.

      •  All crimes involve intent (1+ / 0-)
        Recommended by:
        Susan G in MN

        It's not "breaking and entering" if you show up at the wrong house, think you're locked out, and break in to discover, oops! wrong house. You are liable as a civil matter for the damages you've caused, but you're not going to be put on trial and go to jail. Nope.

    •  Ridiculous assessertion (0+ / 0-)

      You can't say I didn't intend to take it but now that i have it I am not giving it back.  

    •  They HAD Intent To Take Property Not Their Own (0+ / 0-)

      They knew perfectly well that the contents of the house were not mortgaged, and failed to store them for return to the owner.

      On the Internet, nobody knows if you're a dog... but everybody knows if you're a jackass.

      by stevemb on Fri Aug 30, 2013 at 10:00:32 AM PDT

      [ Parent ]

      •  Only if state law requires that. (2+ / 0-)
        Recommended by:
        elmo, Pi Li

        If, under state law, when someone has been notified that a resident has moved out of a foreclosed home, then they can consider what's left abandoned and dispose of it, then you would not be correct.  

        If on the other hand, state law would require them to store what's left, then you would be correct.

        But even in the second instance, it's likely a civil lawsuit.  I don't know of any state that makes that a crime.

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