It’s becoming more and more of a problem where someone, for whatever reason, thinks they are entitled to your property. It could be a former business partner taking title to real property from the business. It could be someone to whom you leased vehicles or equipment not returning them on time. Or it could be someone that took your property hoping that you won’t do anything about it as the costs of recovery could exceed the value of the property at issue. This leaves you in a bind, do you sue or let it go? Small claims court is dicey. Attorneys expensive. And, in the United States, without a contractual provision or a statute you cannot recover your attorneys fees. This has left many people allowing the thief walk or hoping the criminal justice system will do something. But Utah law has made it possible to go after these thieves, get your property back, and, perhaps, collect on your attorney fees.
This is where Utah’s receipt of stolen property statute comes into play. Utah Code Ann. § 76-6-408 states that:
- “An actor commits theft by receiving stolen property if the actor receives, retains, or disposes of the property of another knowing that the property is stolen, or believing that the property is probably stolen, or who conceals, sells, withholds, or aids in concealing, selling, or withholding the property from the owner, knowing or believing the property to be stolen, intending to deprive the owner of the property.” Utah Code Ann. § 76-6-408(2).
And while this is a criminal statute, it also provides that:
- “[a]n actor who violates Subsection (2) is civilly liable for three times the amount of actual damages, if any sustained by the plaintiff, and for costs of suit and reasonable attorney fees.” Utah Code Ann. § 76-6-408(8).
Meaning that you could sue the thief, get triple damages, and force them to pay your attorney fees. In addition, Utah courts have held that even if the thief was originally entitled to possess the property, if they do not return it on time and have damaged the property or otherwise hid it from you, they could still be liable for receipt for stolen property. State v. Stevens, 2011 UT App 366, ¶ 2, 264 P.3d 555.
The receipt of stolen property statute is an excellent means of shifting the analysis in your favor and forcing the erstwhile thief to return your property. If you need help getting your property back, contact us and see if we can help.