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Theft & small claims court.

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Mlauren22

Junior Member
I had money stolen from me last October and I never called and reported it stolen. I have an Idea of who the person is who took it, however i cant prove the person took it. The police told me recently it was a civil matter. I guess the question is can I still take them to court regardless of whether I can prove they took it? I'm in iowa.
 


quincy

Senior Member
I had money stolen from me last October and I never called and reported it stolen. I have an Idea of who the person is who took it, however i cant prove the person took it. The police told me recently it was a civil matter. I guess the question is can I still take them to court regardless of whether I can prove they took it? I'm in iowa.

It is not a good idea to sue someone if you have no evidence to support the suit.
 

adjusterjack

Senior Member
I had money stolen from me last October and I never called and reported it stolen. I have an Idea of who the person is who took it, however i cant prove the person took it. The police told me recently it was a civil matter. I guess the question is can I still take them to court regardless of whether I can prove they took it? I'm in iowa.

You would have to prove it in civil court.

"I have an idea" doesn't cut it, and could get you sued for defamation.
 

adjusterjack

Senior Member
You cannot be sued for defamation on the basis of suing someone in civil court.

Yes, misspoke there.

But if a successful defendant can prove frivolous lawsuit or malicious prosecution, the plaintiff could be sanctioned by the court. So there is still a risk to the plaintiff with the "I have an idea" thing.
 

Zigner

Senior Member, Non-Attorney
Yes, misspoke there.

But if a successful defendant can prove frivolous lawsuit or malicious prosecution, the plaintiff could be sanctioned by the court. So there is still a risk to the plaintiff with the "I have an idea" thing.

How would this be malicious prosecution? The person genuinely feels that the other person took the money. He has what he feels is some evidence, but, perhaps, not enough to win in court. If he's willing to let a court decide based on the evidence he does have, then it's not malicious prosecution.

Nice try at backpedaling though ;)
 

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