What would you do in this situation? A true story
superpsychmd
Posts: 1,293 ✭✭✭
I attended a coin show recently and bought 4 coins. I went with a friend to a diner right after the show, had a meal, came home, and found one of the coins were missing. My friend suggested calling the restaurant and asking if they found the coin. Sure enough, the waitress told me she did, tried to find me after I left, and that they were holding it for safe keeping. I decided to drive back to the place, only to be told that the owner or cashier (not sure of his role) can't find it now and misplaced it in the office. It's been over a week, my call was not returned yesterday by him when i called for a status check. He told me face to face the day it went lost, that I shouldn't worry, I would get my coin, they would find it, etc.
What would you do? In my mind they are legally responsible for the safekeeping of the coin once they found and identified it.
Any suggestions?
What would you do? In my mind they are legally responsible for the safekeeping of the coin once they found and identified it.
Any suggestions?
0
Comments
So this is not a good omen. They (employees and managers) could all be one in the same, or worse: complicit with the owner.
In essence, it's a good lesson for you and me. Leave collectible coins as tips, on the table next time and this won't occur.
Good luck. Hope you get it back. (excuse my bad tip)
What do you mean "legally responsible?" What civil or criminal law(s) have they violated? Did you actually mean "morally responsible?"
It stinks that they "misplaced" the coin so quickly after it was lost and are not responding to you. You are in a tough spot. I would just remain polite and keep going back to the restaurant and reminding them that the found your coin and you would like to pick it up. Best of luck to you.
See http://www.doubledimes.com for a free online reference for US twenty-cent pieces
Until then, I would call it tuition to the school of coin collecting.
I also wouldn't be messing with my coins while I was eating in a public place. I imagine they weren't terribly valuable given they could be overlooked like that.
And if they don't I would consider it theft and would report it to the police and make a big stink about it
Threaten some negative yelp reviews by yourself and your friends
I think they will find it
<< <i>Personally.... I think you're out of luck. >>
Me too. Imagine telling the authorities "They lost they coin I lost and they found."
I like astronaut's advice.
Lance.
When the waitress said she found a coin did she describe your coin?
They could hand you a circ clad Kennedy and say this is the coin we found that night. If you say it's not the one you lost they can say "maybe you lost it someplace else".
Morally they're responsible but beyond that it seems you're at their mercy.
Maybe they expected some reward, it seems they changed their mind after talking to you because if the waitress was planning to keep it from the start they could have said they never found anything.
Good luck!
<< <i>Sorry this has happened to you ...
What do you mean "legally responsible?" What civil or criminal law(s) have they violated? Did you actually mean "morally responsible?"
It stinks that they "misplaced" the coin so quickly after it was lost and are not responding to you. You are in a tough spot. I would just remain polite and keep going back to the restaurant and reminding them that the found your coin and you would like to pick it up. Best of luck to you. >>
In tort law there is a thing called a bailment, which means they are holding your personal property and do have some responsibility for it. Since you don't have a contract with them to hold the piece, you rights are limited and dicey. All you can do is hope that they will be honest, but at this point it does not look good. The coin very well could have been placed in the manager's office in a less than secure spot and stolen after that.
<< <i>I would suggest that you go to the restaurant and ask the police to join you to file a report... once the coin was identified it can be considered stolen.... at this point should the manager just be playing games it will be "found" if not you have done all you can and a police report is always needed for insurance.... I should ask if the coin is valuable...if we are talking under $100 I would consider it not a bother...over $100 yes... my two cents >>
Theft is a specific intent crime, not a general intent one.
It's next to impossible to prove the coin simply wasn't lost twice (once in the OP's possession and again in the restaurant's possession).
There is no 'crime' until further evidence is forthcoming and that probably isn't going to happen.
Did you stiff her on the tip? Maybe she claimed your coin!
nobody is legally responsible unless you have some sort of written proof, but let me guess you never thought of that did you?
your coin is gone deal with it and try to learn what not to do
coin and banknote dealer since 2003
But "experience" nevertheless.
I can't see any reasonable way to pursue anything in this situation.
Due diligence next time.
Offer a $20 reward if it is found again. If it was lost again and then found, then you have fairly rewarded a good samaritan. If someone stole it, perhaps they would return it? Regardless, you walk away having made taken fair actions based on the limited evidence that exists.
<< <i>I would suggest that you go to the restaurant and ask the police to join you to file a report... once the coin was identified it can be considered stolen.... at this point should the manager just be playing games it will be "found" if not you have done all you can and a police report is always needed for insurance.... I should ask if the coin is valuable...if we are talking under $100 I would consider it not a bother...over $100 yes... my two cents >>
I agree. Tell the police the whole story. Maybe the restaurant will miraculously find the coin.
Most restaurants have security camera systems. Get the police involved, and have the police ask for security camera footage from that night.
Worry is the interest you pay on a debt you may not owe.
"Paper money eventually returns to its intrinsic value---zero."----Voltaire
"Everything you say should be true, but not everything true should be said."----Voltaire
<< <i>Going to the restaurant and accusing them of theft and posting negative review of the business to punish them would be poor form with the lack of evidence, so I encourage you to take the high road and refrain from these things. Who knows what happened to the coin after it was found. You cannot accept that it was clearly possible for you to legitimately lose the coin but for someone else, legitimate carelessness is not possible so deliberate theft must be the answer.
Offer a $20 reward if it is found again. If it was lost again and then found, then you have fairly rewarded a good samaritan. If someone stole it, perhaps they would return it? Regardless, you walk away having made taken fair actions based on the limited evidence that exists. >>
This is probably good advice. At the last coin show I did before I retired, a Jamestown Undcirculated $5 gold piece (worth about $250) disappeared from my case. It was only time I ever lost a coin at a show in 10 + years, so I was probably "due." It hurt, but what can you do but take it as a learning experience.
I would think they would only be held to the standard of "ordinary care" for your lost item. So they should store it in a safe place, not just laying out in the open.
I'd talk to the owner and find out the trail since it was first found until they couldn't find it. Either way you should tip the waitress for telling you she found it.
Edit - I wouldn't bother with the police. Nobody is going to jail over your lost coin. If you live nearby you can file a case in small claims court, but it's a $100 coin and if you lose that's another $30-$50 in fees plus your time. But if you file, they may just write a check to settle.
I do report the finding, with instructions to get the name and phone number of the claimant, if they call. I don't even tell them what I found, just that someone might call looking for what I found. I don't give them my number. I let them know I will call back to check.
I have returned some high end stuff this way, including a Rolex watch.
I just don't trust giving it to another "caretaker".
<< <i>Unfortunately I might go that route. It isn't the money as much as the incompetence or dishonesty of the one who lost it and can't remember where he put it in the office. >>
The one who lost it and couldn't remember where he put it was you as far as I can tell!
<< <i>IMO once they said they have your coin it's their responsibility to return it to you
And if they don't I would consider it theft and would report it to the police and make a big stink about it
Threaten some negative yelp reviews by yourself and your friends
I think they will find it >>
You have that in writing?
I would go in person and call the police and make a report.
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<< <i>No but my daughter was there as a witness. >>
You gotta have someone who's not related to you.
<< <i>No but my daughter was there as a witness. >>
that should be good enough.
Let us know how it works out. I'm on the edge of my seat.
<< <i>What do you mean by consummating the charges? Please explain the process. Thanks >>
press charges, go to court.
you don't want to use the police as a bluff.
no proof of anything and yet you will sue
coin and banknote dealer since 2003
Lafayette Grading Set
<< <i>Involving the police over a "potential" theft of $110 on a he said - she said? >>
I was going to say~this must be a small town where police haven't much to do.
I do hope you get your coin back, but it sounds like some loser swiped it after the waitress turned it in. Lame. And sad.
Collecting 1970s Topps baseball wax, rack and cello packs, as well as PCGS graded Half Cents, Large Cents, Two Cent pieces and Three Cent Silver pieces.