Check out some similar questions!

reeses420 · Aug 13, 2008, 01:47 PM

I lived with someone who took all of my personal possessions,kept them and got rid of them I wrote to them telling them that I wanted them back, they never called me or wrote to me regarding my possesions its been 3 years I have recently talked with them and they said that they got rid of my possesions and it was up to my lawyer to get them back. My lawyer I told him in the beginning I wanted my possesions back and he did not do nothing about it. Now I am wondering if I can put a lien against the person or lawyer for not giving me my possesions back. What are the statues in CA and who is responsible and what kind of evidence do I need. Reeses420

rockinmommy · Aug 13, 2008, 01:50 PM

I think technically you'd have a case. The problem that I can't imagine any judge overlooking is that you've waited so long to do anything about it. There may even be a statute of limitations. Do you have a reason for waiting so long, and what kind of proof do you have that this ever even happened?

N0help4u · Aug 13, 2008, 01:54 PM

Your lawyer would not be responsible.
How much was your stuff worth all together and did you have an itemized list?
Why has it taken you three years to go after your possessions?
How actively were you trying to get your stuff back?
What where you doing to try and get it back?
What were her excuses when you tried to get your stuff back?
Was this a significant other or just a roommate?
Often people are only required to keep your possessions so many weeks/months
And then they can get rid of them if you are not actively trying to get them back.

reeses420 · Aug 13, 2008, 02:10 PM

Rockingmommy I waited so long because the people who took my possesions had left me broke from a guardianship lawsuit as well as the lawyer the attorney even has my guardianship case paperwork and I tried to get it back from him and he said I need a new lawyer in order to get my paperwork back,these people even have my children they live 200 miles away from me and I haven't seen them for a year and a half now.I need communication with my kids they live so far away and these people every time I tried to do pursue them with getting my personal belongings back they would slam me up with owing childsupport,having a sheriff at my door. Any advice on where I should beginning, I also have been busy raising another child that I do not want to have stole by these people just for traveling to visit my children.

rockinmommy · Aug 13, 2008, 02:39 PM

Well, from your descriptions there's WAY more going on here than just someone keeping or disposing of your "stuff".

You definitely need an attorney. It sounds like there are many complicated legal issues going on. That's where you need to begin. If you went to court (small claims, for example) the judge would ask what's going on and as soon as you start spilling your guts they'd dismiss the case and refer you to family court but not without an attorney!

N0help4u · Aug 13, 2008, 02:59 PM

Also since it is so complicated he might want to figure out if they would counter sue and if so how much they would try to get out of him for whatever... child support if they had an agreement outside of a court order, any money they felt he owed them for rent/utilities he never paid, etc...

JudyKayTee · Aug 13, 2008, 05:16 PM

Originally Posted by reeses420

rockingmommy I waited so long because the people who took my possesions had left me broke from a guardianship lawsuit as well as the lawyer the attorney even has my guardianship case paperwork and i tryed to get it back from him and he said i need a new lawyer in order to get my paperwork back,these people even have my children they live 200 miles away from me and i havent seen them for a year and a half now.I need communication with my kids they live so far away and these people every time i tried to do pursue them with getting my personal belongings back they would slam me up with owing childsupport,having a sheriff at my door. Any advice on where i should beginning, I also have been busy raising another child that i do not want to have stole by these people just for traveling to visit my children.

"These people" have your children, you haven't seen your children in 18 months and you're worried about your stuff which you left with these people, you are busy with a fourth child and haven't been able to see the first three children because of your duties to that child, you haven't pursued the return of your stuff in 3 years because if you do you will be expected to support your 3 children who are being raised and supported by "these people." Do I have that right?

If I do - you would have to sue them in Small Claims Court, presenting an itemized list of what they have - or disposed of - that belonged to you. The Judge would then decide if it is reasonable to expect them to store your property for 3 years.

They would undoubtedly then bring an action against you - possibly in Small Claims, transferred to Family Court - for the support of your children and a Judge will decide that.

You have no recourse against your Attorney unless you can prove that you paid him/her to pursue the return of your property, paid for services rendered and then the Attorney did nothing, despite your requests that the matter be concluded.

All in all - you need to file in Court.

N0help4u · Aug 13, 2008, 05:21 PM

These people" have your children, you haven't seen your children in 18 months and you're worried about your stuff which you left with these people, you are busy with a fourth child and haven't been able to see the first three children because of your duties to that child, you haven't pursued the return of your stuff in 3 years because if you do you will be expected to support your 3 children who are being raised and supported by "these people." Do I have that right?

Yeah exactly what I was thinking but it sounds all TOO complicated to me to even want to ask!

I too said they could probably get him for a lot more in court than he can get them for for his stuff if he could even win being it was so long.

If he is afraid of them taking his other kid(s) what about a babysitter?

Fr_Chuck · Aug 13, 2008, 05:51 PM

Ok, there was no way the lawyer or even the courts can get your "stuff" at the best even 18 months ago all you could have done then was to sue for the value of the "things"

reeses420 · Aug 13, 2008, 11:36 PM

reeses420 the lawyer was paid way too much if you ask me about $30,000 just think this money could have went to supporting my kids, the people were my inlaws they weren't even blood related being that their son my ex was adopted, these people have mademy life a living hell and my kids too,they lied thrue out the case probably even paid off the judge or my attorney, so many false accucations I lived with them and moved away from them they tracked us down in another state and there I was in court and my ex husband he was put into about 4 jails and one prison and then jail again he was in jail for about I think four months the lawyer went to court twice without me to see him and what was going on with my kids then when he got released the guardianship case began,I never asked for this kind of a court case I just wanted to get my kids back and my possesions back and have no more to do with these rotten people I was told the verdict to my case would be told on the last day of court,it wasn't I had to wait thirty days I told the attorney during the case I want my stuff back and my kids he said I promise you I am going to get your kids back for you and as for my stuff he said that he gave to them a paper, and he didn't even mention it to the judge at all during the case. When I got the verdict back that I lost my kids my heart was torn and this lawyer all he ever sent to me was papers that he wanted more money,he wouldn't even give me my court papers back so that I could get another lawyer. Now its 18 months later and I am lost in life without my 2 children I am raising another one and I worry, fear and I am afraid of losing in court again if I pursue going back to court this 2nd time to get them back. I could sure use a lot of advice on how to solve my problems.

rockinmommy · Aug 14, 2008, 06:11 AM

I know it's not the advice you want to hear, but you've been given about the only advice there is right now. You need another attorney. There are too many complicated issues to try to wade through this yourself at this point.

If you can't afford one you'll have to find some sort of legal aid that can help you.

ScottGem · Aug 14, 2008, 06:28 AM

There is only so much we can do here. Part of the problem is we are only hearing your side of things. Some things that leapt out at me are statements like; "tracked us down in another state" and "paid off the judge or my attorney". The first makes me wonder if you moved in violation of a court visitation order. The second sounds like sour grapes.

You were either way too naïve in letting your lawyer handle everything or we aren't hearing the whole story.

In either event, you need another lawyer. If your in-laws made false accusations, then you should be able to prove them false. If you can then they should lose guardianship.

As for your belongings. If they were sold or disposed of, they are gone. You MIGHT be able to recover their value, but only if you have a detailed itemized list with approximate values. And then only, if you can prove that you tried to recover them but your in-laws refused you access.