Do I need a judge to get me a warrant for the seizure of the property?
The answer is YES.
1. Step One: Ask nicely. (You did that).
2. If step #1 fails, SUE!
You want to file a small claims action in your local small claims court, either with or without a lawyer, and recite that you want either the computer (replevin), or judgment for it's full replacement value (state what that amount is), and then also sue for court costs. Have this served on her with a private process server. Go to court on your hearing date, WITH all of your documentary evidence and witnesses if you have them. When the judge says "go", you tell your story. Judge decides. If you're not sure on how this works, tune into Fox weekdays, and take a gander at Judge Milian, Christina, Alex, Joe Brown, or Judy. I wish you the best - VERY common situation. Forget about the Mosin - a gift is a gift, and the judge won't care. Her keeping property that was NOT a gift is different - the judge will likely order it turned over to you (called a "replevin order"), OR give you a money judgment. Then you're faced with trying to collect. In fact, what most small claims judges do in this situation is put in the order "You shall give back the computer within 10 days, or, if you don't, then judgment is automatically entered in favor of the plaintiff for $X.xx.", which should be replacement value, not fair market value. Don't hold your breath on trying to actually get her to give it back. The judge will NOT utilize the sheriff's office to enforce the replevin order unless you make a special motion (citation for contempt), and probably move to regular court, not small claims court, for such a small value item, in all likelihood, depending on the law of the state you're in, and local customs. So if she doesn't cough it up voluntarily, then a money judgment is the best you will do. You can then try a bank garn or wage garn to squeeze it out of her.
P.S. It's neither here nor there, but I get a kick out of the TV court shows (most of them), and their "man on the street" cases - the best judges over the years have been, in order from best to worst, in terms of their fairness and making the correct legal ruling:
The Good:
--Marilyn Milian (don't even THINK about fooling with this redhead!)
--Larry Doughtery (The Texas Justice guy)
--Joe Brown
--Judge Alex
--Lynn Toler (the Divorce Court lady)
The So-So:
--Mathis
--Christina
--the old Wapner and Ed Koch
The Bad Judges:
--Hatchett
--Judge Judy
