TER General Board

Sex toys stolen... what would you do?!?
SolaLove See my TER Reviews 5348 reads
posted

A company came out to detail my car on a gift certificate I had and I tipped the woman and left for a few hours.  When I came back I found the following missing from my car:
Massage table and carry case: $350
Sybian: $1300
Box of misc. toys: +/- $500
Bottle of wine and cashews: +/- 30

The owner of the company asked said, "how do I know you're not making this up"
Aaaah... if I was, I woulda' said my laptop was stolen not my sex toys!!!
Anyways he refuses to believe me.

I cannot prove the woman took my things.  She denies it.  The owner does not believe me (or refuses to).  It is a small company and likely cannot absorb the retail value of my items.  

So -
do I persue it with a police report and small claims?
do I just let it go?
I'm most upset about my Sybian!
: (
Perhaps I need to run a "take-me-toy-shopping" Christmas special?

In the future, I know I will laugh about this... but right now I am quite displeased.  What would you do?

I'm sorry sweetie, but this needs to be filed under the heading "sometimes life just isn't fair," and move on.  I know it doesn't set well with you, nor would it me, but the reality is that you're not going to get your stuff back, and my personal experience with the justice system indicates that it won't help either.

I'd be delighted to take you toy shopping, and I don't need a special to do it.

Jacksonlips

If you have evidence of the cost of the items, I would definitely pursue it.  People sometimes suddenly remember where they "put your stuff for safekeeping while they clean your car" when the cops show up to take a report or the sheriff stops by to serve a subpoena.  The police should at least take a report, which is a useful thing to have.  If you are thinking small claims court, which is probably your best bet, I would make dated notes about discovering the theft and the conversation with the owner.  I would also find someone who is willing to be a witness and tell him/her exactly what happened.  Remember that in a civil suit the standard of proof is "a preponderance of the evidence" rather than "beyond a reasonable doubt."  You don't necessarily have to follow through with anything you initiate now if you don't want to, but it would be a public service to put some heat on these theives.  Good luck, and I hope you get your stuff back.

I agree with TJ's response. I would add filing with the Better Business Bureau. Perhaps the company has a history of complaints. So may have the police.

Your homeowner's insurance policy, if you have one, may cover this. Also, your auto insurance might, too.  However, you will need a police report inorder to make a claim, so you will have to call the cops....  Of course, the threat of the investigation may make the detail company cough up some dough.

As to the larger question: they stole your stuff.  They should replace it.  So sayeth the Masked Avenger....

MA

frankie2003a3707 reads

One is trying to recover your loss which you should pursue with
the police, small claims court and insurance.  You'd be
surprised at what homeowner's insurance covers.

Two is making sure this doesn't happen to other people which can
be pursued with the police and the Better Business Bureau.

A third aspect - revenge - should be covered with one or more of
the above.

good luck

Jadie2598 reads

Most likely you will not get satisfaction with the Police and small claims court, especially without proof.  The few times I have been rip-off in this hobby and in my other life, after the initial anger, I taken the attitude that the person needed what I had more than I. I am sure if you have been good (or naughty??) and nice there are Santa’s helpers in hobby land that will help you get a new and better Sybian :).

I know many ladies who dream of owning a Sybian, though I shudder to think that there is a woman out there who NEEDED my Sybian!
And more than me?!?
; )

Perseverance3132 reads

Excuse my ignorance, but what is a Sybian?

and if it could take out the trash, women wouldn't need us anymore.  Damn robots!!
-b

Is there a market for this?  Do people feel comfortable using a stranger's used dildos?  Every woman I've been with insisted on a visibly new (in the package) toy.
-b

ThePeopleRule3638 reads

will you lose wondering if the items you tell them were taken might result in them looking into your life?  If the "lost" items were ones that would not have the possibility of raising questions about your "personal" life, then the might be different.
   Because you entrusted your property to them to perform a service, the law of "bailment" applies.  Did you sign a contract and do you have a copy?  If you signed a contract did you waive any negligence on their part?  (Even if you did, such a provision might be contrary to the law of your state.)  Normally, they would be liable for any loss during the time the property was in their possession, but proving that the items were in the car is the problem.  
   If you are the only person who could testify that these items were in your car (presumably the trunk?), then it becomes a matter for the judge/commissioner deciding whether to believe you or them.  (Watching "The People's Court", "Judge Judy", and the like, might give you some idea of how one decides which witness to believe.)  If you came back to get your car and your tires were missing, then the judge would exercise a "presumption" based on everyday life.......that one needs wheels and tires to drive and you obviously had to have them at the time.  Or, in the unlikely event that they came to your location and saw you did not have wheels/tires, they would have had the sense to write that fact down (on their contract form?) and get you to sign acknowledging that fact.
   Another consideration:  do they know where you live (and therefore where you park your car).....did you put that information on a contract or other form?  If these are the kind of people who steal, are they also the kind of people who might take out retributon on your car or yourself if you pursue the matter.  (A few years ago, people in my area who were buying and having installed expensive car stereo systems found they were being stolen shortly after the installations.  WHY?  HOW?  The installers [or their partners in crime] obviously knew whether there was an alarm system on a car and they had the purchaser's home address from the paper work.  [Another reason to have a post office box....so you do not need to put a home address down.])
   MY ADVICE:  this is one of life's (not too expensive) lessons.  The potential downside may well be too much to pursue it.  If you want "a second opinion", obtain the phone number of your local bar association's lawyer referral service, and ask for the name of a criminal law attorney.  (To obtain the best advice, you might even say you have a sex crimes issue, in the hope you can find an attorney with experience in that area.  Or, do a search of your local newspaper's website and see if you can find the names of any defense attorneys mentioned in articles on prostitution arrests.  Or, check yellow page listings to see if any attorneys list sex crimes in their ads.  Your potential exposure in this area makes this relevant.)  The common practice is for attorneys to offer at least 30 minutes of free time to listen to your situation and offer their advice.  You need to tell him/her the items that were stolen and what you do to earn $.  My guess is you will be told to forget it.  (Print out what I have said here.  If their advice is to pursue it, then ask them to read this post and give you their response to it.)
   FINALLY:  You need to be wary of posting a question on this board that has legal ramifications, because it draws responses from those who are well-meaning but do not have legal training or experience.  Posting it on the "legal" board will more likely result in responses from only those who do have the background to give you a somewhat meaningful response.

Primarily I just needed to vent, and soon I am sure it will be a funny story to tell... the day all my sex toys were stolen LOL!

I do not believe that filing a police report is a problem, though I also do not really believe that it will help.  I'd be happy to tell the officer that the items were in my car because I host and attend swingers parties.  Who cares?  Maybe even because I REALLY like sex!  Again, who cares?  Well... some of you might.
; )

I'm not interested in using MY insurance to cover the items. This would just cause my rates to go up - over time, I'm sure that would exceed the reimbursement for the items themselves.  Either the company will be prompted to contact their insurance company with the filing of a report, or you'll see a toy-shoping special in the near future!

I don't believe in turning the other cheek here simply because the company is still out there, with this same employee - how many other people will have similar problems with them?  Not filing a report is similar to not posting a review of a ROB experience here.

At the same time there is only limited energy that I am willing to put into this... they were only material goods.

Ok,
I've thought it trough and appreciate all of the input here.

xoxo,
Sola

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