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  • I no longer work with the general public, but I used to have a statement in the "legalese" section of the work order that stated something to the effect of "... I am the rightful owner of this system, or have been given authorization to submit it for repair...." .   I had a separate form when a nuke-and-pave was requested, with pretty much the same language, but up top in a bullet list.

    Spice (4) flagReport
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    • If you do not know it's stolen...your in the clear in the eyes of the law. If you find out it's stolen and you don't report it...you may be charged with "receiving stolen property" if your caught with it.

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    • If you didn't know it was stolen to begin with, you are fine.  That makes you the victim, technically.  If you are in possession of the item and find out it's stolen, the best course of action is to report it to the authorities.  Sounds like a snitch move, but you have to take care of yourself and avoid legal ramifications.  If you find out, don't report it and give it back, the thief is going to say they got it from you.  While you could probably prove your innocence, why open the door?

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    • Someone in the community went to jail for turning someone in for stealing computers.  Be careful, cops are often crooked and possession of stolen goods can be used as evidence.  Not that it should, but it does happen.  The US doesn't have the best legal protection for people trying to do the right thing.

      Best option, do NOTHING that would ever let you know if it is stolen or not.  In reality, no actions of a bench shop should ever expose a stolen or legitimate situation.

      As long as it goes back to the person who brought it to you or the police if they request it with a warrant in hand, you are probably as safe as you can get.

      Like anything, liability is in the eyes of the police and local judge.

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    • You don't list your country in your profile, so asking a legal question without jurisdiction context leaves this completely up to conjecture.  AND you should NEVER EVER EVER ask IT people for legal advice.  Why are you asking us and not your lawyer?  NEVER EVER ask us legal questions.  The only legit answer is... talk to your attorney, that's his job.

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    • why would you have a legal section if it not for these types of questions?

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    • Thank all of you for replying.

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    • I returned the property to the owner. I just made up a little fib and told him I couldn't fix it. In my state (California), if you suspect something might be stolen, first course of action is to return property.  So that's what i did.  Thank you all for your responses.

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    • teotl4 wrote:

      why would you have a legal section if it not for these types of questions?

      I didn't make it.  I think having the section is a horrible idea.  But there are no attorneys in the community nor are they allowed, this is an IT professional community.  So no matter what the legal group is for, it is for technical advise, not legal, as is all of the community.

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    • teotl4 wrote:

      I returned the property to the owner. I just made up a little fib and told him I couldn't fix it. In my state (California), if you suspect something might be stolen, first course of action is to return property.  So that's what i did.  Thank you all for your responses.

      That's an odd rule but, good to know.  So now it is not your problem anymore?  Or is there more than you are required to do?

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    • The legal group might be meant for people who support the legal industry.  There are market vertical groups.

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    • Actually it makes sense because I really don't have any proof that it's stolen. I just have a suspicion. And if I happen to report it to police and he gets falsely arrested, guess who gets sued? You got it! He'll have me in court suing me for every last dime I have.

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    • I understand that there may not be attorneys here...I didn't expect an answer from one.  I was merely looking for people who have been in similar situations.

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    • teotl4 wrote:

      I understand that there may not be attorneys here...I didn't expect an answer from one.  I was merely looking for people who have been in similar situations.

      It's just that giving legal advice is, I believe, illegal if you are not an attorney.  At least in the US.  That's why someone who isn't an attorney has to state that they are not giving advice.

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    • teotl4 wrote:

      Actually it makes sense because I really don't have any proof that it's stolen. I just have a suspicion. And if I happen to report it to police and he gets falsely arrested, guess who gets sued? You got it! He'll have me in court suing me for every last dime I have.

      Yes, best to not be involved!

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    • It's a grey area, stating what has happened to us or what the law says.... that's fine, that's Legal Information.  But "you should do X" is definitely Legal Advice and not something we are allowed to give.  There is a lot of grey area in the middle.

      http://hirealawyer.findlaw.com/do-you-need-a-lawyer/what-is-legal-advice.html

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    • If you look at the topics in this section, though, all of the questions are for IT support of legal firms :)

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    • sure, that's understandable. but merely stating a past experience that is similar to mine is not really advice. more like swapping stories.

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    • Giving legal advice is only against the law if you claim to be a lawyer and/or charge a fee. (In canada anyway)

       

      so none of us Canucks have broken the law :) lol

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    • From searching...

      In the states...it seems to vary largely on jurisdiction...but never really enforced.

      the general rules seem to be

      1. Claim to be a lawyer

      2. Accept a fee

      3. Draft court documents

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    • I no longer work with the general public, but I used to have a statement in the "legalese" section of the work order that stated something to the effect of "... I am the rightful owner of this system, or have been given authorization to submit it for repair...." .   I had a separate form when a nuke-and-pave was requested, with pretty much the same language, but up top in a bullet list.

      Spice (4) flagReport
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    • Now that is smart thinking. Thanks!

       

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    • CoffeeBean wrote:

      I no longer work with the general public, but I used to have a statement in the "legalese" section of the work order that stated something to the effect of "... I am the rightful owner of this system, or have been given authorization to submit it for repair...." .   I had a separate form when a nuke-and-pave was requested, with pretty much the same language, but up top in a bullet list.

      That is a smart inclusion. To be honest, never thought of putting that one in. Amending repair sheets today! Thanks Lisa - thoughtful post :)

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    • Tomwebbnz wrote:

      CoffeeBean wrote:

      I no longer work with the general public, but I used to have a statement in the "legalese" section of the work order that stated something to the effect of "... I am the rightful owner of this system, or have been given authorization to submit it for repair...." .   I had a separate form when a nuke-and-pave was requested, with pretty much the same language, but up top in a bullet list.

      That is a smart inclusion. To be honest, never thought of putting that one in. Amending repair sheets today! Thanks Lisa - thoughtful post :)

      Actually just looked at repair sheet and at the top of conditions list we have the following:

      1. Customer may be required to provide proof of purchase

      Have now added Lisa's line about rightful ownership as point number 2 :)

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    • Tomwebbnz wrote:

      Tomwebbnz wrote:

      CoffeeBean wrote:

      I no longer work with the general public, but I used to have a statement in the "legalese" section of the work order that stated something to the effect of "... I am the rightful owner of this system, or have been given authorization to submit it for repair...." .   I had a separate form when a nuke-and-pave was requested, with pretty much the same language, but up top in a bullet list.

      That is a smart inclusion. To be honest, never thought of putting that one in. Amending repair sheets today! Thanks Lisa - thoughtful post :)

      Actually just looked at repair sheet and at the top of conditions list we have the following:

      1. Customer may be required to provide proof of purchase

      Have now added Lisa's line about rightful ownership as point number 2 :)

      Thanks so much, Tom!   I can't tell you if it saved me, but before I went on my own, I heard a lot of "the last tech wiped out everything!"  I didn't know if was misunderstanding, or misinformation, so that's why I made it absolutely clear in my documents. 

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