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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11436
Experience:  30 years as a practising solicitor.
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If a son enters his fathers garden and takes away a car then

Resolved Question:

If a son enters his fathers garden and takes away a car then enters his fathers shed and takes equipment (engines and car parts) 3 days after the father told the son that under no circumstances was he or his brother to get the vehicle is this a theft or a civil matter?
The father was on his death bed and had told the son that the car was being sold to a third party
Receipts for the payment of the car and the log book are in the dads name.
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a solicitor in Scotland and will help you with this.
You are right. This is both a civil and a criminal matter. Whilst the prosecuting authorities may not take action because the incident happened between family members, that does not mean that a crime has not been committed, just that the prosecutor is not prepared to do anything about it. Seek a meeting with one of the more senior PFs and ask for a specific explanation as to why this was marked as a no pro.
Happy to discuss.
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Customer: replied 2 years ago.

Thanks for your response.

Our main problem is that our property is in the hands of others.

Has it been sold on? Has it been destroyed? etc

How can we get the law to make sure that none of this has occurred?

No one in police Scotland seems able to secure our property until this matter is resolved?

As you can imagine this is causing major stress and concern.

J Speirs

J Speirs.

Expert:  JGM replied 2 years ago.
If the police won't do anything you will have to instruct a solicitor to raise a civil court action for interdict against disposal and delivery of the items which failing damages.