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Theft Advice

R

rifken2

Member
Long story short...

At my home, we use a company for pest control. They spray the inside of the home and the outside. The inside service includes a service tech that enters the home and sprays all rooms in the house.

One of the techs on the last visit stole my wife's ring. This ring was a gift from her late grandmother.

This tech was fired for multiple complaints, not just us.

They zeroed out our account balance the company, they are not making us pay for the service (the one where the tech stole from us).

We are trying to recover the cost of the ring that was stolen so that we can at least recreate the ring. We have an apprasal value from our jeweler. We also have home owners that covers theft (I think, I need to verify).

My question is this, the pest control company says they are not liable for the theft. Their tech entered our home and stole from us. The pest company says sorry, we don't have any responsibility here.

We even have an email from the company that says their number one priority is working with the police to recover the stolen property.

Do we have a case to make them pay? All we want is the amount to rebuild the ring.
 
They can give you the name of the guy, but it's up to you to file a police report and file charges. It's not the company's responsibility to do that for you.
 
LookBehindYou said:
Did you sign any paperwork or anything or do they have any notices that say they aren't liable for theft?
Click to expand...

This. I'm guessing the contract you signed has the particulars. If it doesn't, things could get messy. From an aesthetic POV, I wouldn't rebuild the ring. It won't be the same, and will never be the same. I'd scour pawn shops to look for the original, but however you get the money, I'd use it for something else.
 
We did file a report.

My wife told them it was an employee of the pest company. She told them the entire story.

The pest company also filed a police report (against the employee I am guessing)
 
They admitted in an email that they have complaints from several sources regarding missing items.

I suppose in the grand scheme of things it could be lost, but my wife knew where she placed the ring on the bathroom counter, she has a spot just for it, and after the service, the ring was gone.
 
rifken2 said:
We did file a report.

My wife told them it was an employee of the pest company. She told them the entire story.

The pest company also filed a police report (against the employee I am guessing)
Click to expand...
Summons and complaint is $80 here. Court handles up to $5k. I would, assuming there isn't some legal mumbo in their contract alleviating them. Probably incorporated so go to your secretary of state site and look up the owner's name, add that to the complaint.

Also find your county public index for the court and look for the tech and the company to see if there are previous filings/cases/criminal charges/judgements. If there's a ton against the company/owner showing he hasn't paid in the past, don't bother.
 
Start calling pawn shops and cash for gold places. If you know where he lives start at the closest one and spiral outward.
 
Talk to your insurance agent. If you have coverage for jewelry - which is usually something you have to add - they should pay you for the loss, then go after the pest control company or their insurance agency.
 
Sounds like only circumstantial evidence. Your home-owner's insurance is your best bet for recovery of at least the monetary value.

It could be misplaced, or maybe the tech (or even someone else) accidentally knocked it into the sink and it went down the drain.
 
Any company that has in-home services like this I believe is pretty much required to have their employees bonded for situations just like this. The company, if you can prove the employee is indeed the one that did take the item while on the clock, should be liable for the actions of the employee.

Check with your state/local laws, IANAL.
 
File a police report, file an insurance claim, they will do the rest as far as subrogation to recoup their losses. If there is any liability on the part of the pest control company, the insurance carrier will go after them. You're out the deductible at most. If your home is insured, the ring is up to a limit unless you bought a jewelry schedule on the ring. Probably $1500.
 
File a police report, file insurance claim, sue company for deductible in small claims court.

Even if you lose in small claims court, you are only out a few dollars, and you inconvenience the mangers of the company.
 
I have a question: what does "late" grandmother mean?
I see this expression often in English but I don't get it. Does it mean it was the last grandmother to die?
thanks
 
An employer is generally responsible for the acts of its employees while such employee is performing the functions of his job. For example, plumbing truck smashes into you on the highway while on the way to a job... employer is ultimately going to be responsible.

As said above, the contract you signed with the pest control company is going to control. Limits of liability etc.

Find that contract and call your insurance company. If jewelry is covered on your policy, then the insurer may want to go after the company. If not, you may want to.
 
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