Protecting Yourself as a Member of the Public
Write down the details of the transaction. If someone contacts you and tells you the goods are stolen, you should immediately write down what you remember of buying the goods. By writing this information down, you can help show to the police that there was no reason you should have suspected that the goods were stolen. Hold onto your receipt as well. It looks suspicious if you buy an expensive item, like jewelry or a car, and don't ask for a receipt.
Call the police. After you buy the goods, you might begin to suspect that they were stolen. If so, then you should call the police. They will try to find the original owner and return the goods to them. Try to get a copy of the police report. You will need this document to show the person who sold you the stolen goods.
Ask the seller for a refund. Once you return the goods to the police or to the rightful owner, you can ask the seller for a refund. They should be happy to refund the money. Show the seller your copy of the police report. In England, you are entitled to a full refund if you purchased the stolen item after October 1, 2015. However, if you bought it before that date, then the seller can deduct some money from the purchase price, depending on how long you had the item or whether you used it.
File a lawsuit for restitution. If the seller won't refund you the purchase price, then you can sue for “restitution.” Depending on how much you are suing for, you might be able to bring your case in small claims court. Small claims courts are set up for people to represent themselves without an attorney. The process is usually simplified. You will have to file a “complaint” or “affidavit” to start the lawsuit in small claims court. Stop into the court and ask for a form. The clerk should have a printed, “fill in the blank” form you can use.
Talk to an attorney. You probably will have to return stolen goods to the rightful owner, even if you aren't criminally charged with receipt of stolen goods. However, you should talk about your options with an attorney. You can get a referral to an attorney by contacting your state or local bar association. Bar associations are organizations made up of attorneys. Typically, they provide referrals to their members.
Protecting Yourself as a Second-Hand Seller
Identify if you are a second-hand seller. Second-hand sellers have more of a responsibility for investigating whether the goods they sell were stolen. First, you should identify if you qualify as a second-hand seller: pawn shop thrift stores flea market
Ask the seller if they are the owner. When someone comes to your business to sell goods, then you cannot just accept the goods without asking any questions. Instead, you should ask basic questions to feel out whether the person is the real owner. If the goods are stolen, then the police will want to see that you performed a reasonable inquiry. Ask how old the item is. If they don't know, then they may have stolen the goods. Ask where they got the item. If they can't, or if they stammer and stumble, then the goods might be stolen. Ask how much they originally paid for the item. If they give you a price that seems too low or too high, then you should be on guard. The goods may be stolen.
Write down important details about the seller. Your state law may require that you take down important information about the seller. It is probably a good idea to do so even if your state law doesn't require you to. For example, you should take down the following: seller's name seller's address physical description of the item
Get a signed warranty. Your state law might also require that you get a signed warranty from the seller. The warranty should state that the seller is the rightful owner of the property. You should create a template and use the form over and over. The seller can write in their name and sign at the bottom. Your state might publish a form you can use. You can check with the agency that licensed your business to see if they have a form.
Comply with your state laws. Dealing in stolen goods is a fairly common crime in many parts of the country. Accordingly, some states have rigorous laws you must abide by if you are a second-hand seller. For example, in Florida, pawn shops must get a fingerprint of anyone who wants to pawn goods. You then enter information into a state database. If you are running a pawn shop or flea market as a business, then you should have a business attorney who can advise you on this important area of law.
Avoiding the Purchase of Stolen Property
Avoid buying goods you know are stolen. If someone tells you that the goods are stolen, then you cannot purchase them. If you do, then you could be charged with receipt of stolen property, which is a crime. Also refuse to store goods if you know they are stolen. You can't store a DVD player you know your cousin stole.
Refuse to buy anything that looks suspicious. More likely no one will tell you that the goods are stolen. However, either the goods or the sale might be suspicious. In this situation, you need to avoid buying the goods. Willful blindness won't protect you. Don't buy goods out of the back of a van. A reasonable person wouldn't expect to purchase a television, jewelry, or a gun from the back of a van in an alleyway. If you do, then you could be charged with receipt of stolen property if the property was, in fact, stolen. Be suspicious of goods sold very cheaply. For example, someone might advertise to sell their new car for a very cheap price. You should be suspicious that a new car is being sold so cheaply. Check if the goods have a name on them. If so, check that the name matches the seller's name. When the name doesn't match, then you should suspect the goods were stolen.
Know you are protected if you bought innocently. The law requires that you “knowingly” buy stolen goods with an intent to permanently deprive the owner of the property. If you did not know that they were stolen, then you did not break the law. However, you probably have to return the goods to the real owner. After returning the goods, you can bring a lawsuit for restitution against whoever sold you the goods.
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