Larceny recourse
 

Some years ago, I had lost a box of ephemera in a move. Some unique, rare stuff. I’ve been ill, for a few years and didn’t have the energy to search or investigate. The box never made it into the new place. I had called the movers to keep an eye out. For all I knew, the items could be in the garage or elsewhere here

Recently discovered one item, sold at a major AH in 2019. I’d emailed the auctioneer -haven’t heard back. Also, filed a police report, finally. But the cop isn’t very confident or knowledgeable understandably.

Feeling SOL, and just looking for some guidance or advice. Thanks, S

What state are you in? What is the statute of limitations for theft? Do you have descriptions and receipts for the items you claimed to be lost?

I really think if you wanted them back, you needed to have done something when you noticed them missing. They've probably passed through multiple hands by now.

If something was stolen, it can pass through 100 people and still
Belongs to the rightful owner. A thief doesn’t have good title and can’t pass it to another who acquires good title.
In order to get someone interested you will need good records of the theft. Anyone can walk into a police station and say my stuff was stolen 15 years ago. Need a solid documented record to substantiate what you are claiming.

I assume you were in MA when the items likely were stolen? 6 year statute of limitations I believe for larceny assuming it wasn't a violent crime. Even if you're timely, I think it will be uphill to say the least to get law enforcement interested with only one tip from years ago on one item. No harm trying though.

Not sure if you had insurance at the time of the theft (and kept it going since), but if you did you might be able to use the sale to file a claim if you can itemize what was in the box. May still require that you file a police report.

Odds are an insurer would require a prompt claim, not years after the fact.

Might not hurt to have a lawyer send a letter to the auctioneer asking nicely for the consignor information so maybe you can track back past movements. Since the auctioneer basically fenced stolen goods, worded correctly a letter might get some help. Also, if your local or state LE teams have a Art/Antiques theft squad they may help... you miss 100% of the chances you do not take...

What year did this box go missing?

Agreed, but I was thinking there might be an argument here because this sale just proved that they were stolen as opposed to misplaced during the move. So a police report could possibly be filed now with this proof and then submitted to insurance.

The OP says the sale he discovered was from 2019.

Does it matter how recently the OP learned of the sale?

I probably could have worded that better.

If the OP just learned about this sale recently, would that detail be relevant in this situation?

Only if it was somehow fraudulently concealed, perhaps. But as the facts stand, he would be making a claim four years after he could have discovered the theft, and god knows how many years after the actual theft since Steve didn't say. I cannot imagine an insurer even considering such a claim assuming they have the usual requirement for prompt notice.

Arguably he could have discovered the theft even earlier had he inspected the items delivered by the moving company but we don't even need to go there.

Very unfortunate circumstance and it sucks on top of having health issues.

I guess that makes sense, particularly from an insurer's point of view.

An insurer will typically find any and every reason to deny a claim or pay as little as possible. It's what they do. But notice requirements typically are not unreasonable IMO.

Which is why it goes without saying that if anything happens to you for which you have insurance coverage, you should immediately notify your agent if you have one, or the insurance company.