Originally Posted by
mtb_addict
Even if they don't show, you still have to have evidence that the seller did the actual stealing.
Then there's the possession-is-9/10 laws. He has possession. His claim of ownership is stronger than yours.
That was in reference to a small claims suit for civil damages, presumably after police and the courts have dealt with the criminal portion of it. Civil claims (at least in MI) has a much lower barrier to success, if the court has allowed it to get to a trial date, if you no-show it is an automatic loss for you no matter how ridiculous the suit is.
As far as the criminal portion, I would suspect a filed report (unclear from the info given) and proof of ownership (OP has) would be enough to weigh against possession, but I would be intrigued to see how it all plays out.