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  • Jan 17, 2010, 03:10 PM
    ScottGem

    So the police told you to go to court. Why haven't you?

    This is what you should have done.

    1) When you were kicked out, you should have found a new place, then call her and told her you were coming on x date at x time to pick up your things. You then show up with a truck and get all your belongings. If she refused to let you in, you come back with the police.

    2) You then file suit against her for an illegal eviction,

    Now you have made it much harder. So now you need to prepare an inventory of your property. You then compile of list of your costs and damages. Then you file suit.

    You are not really after the value of your property, you want the property returned, so you may not have to include their value in your suit.
  • Jan 17, 2010, 07:14 PM
    babygurl6662010

    Thank you, I have tried to tell I was coming to get my things she never responded since she's in jail or what not. Lol. But I have allmy recipts and I wrote every thing down that I have recipts for so I meet with my lawyer from legal action on the 20th and I want to know what questions to ask and to know ecactly what to do to get my things back because I don't want to dwell on this the rest of me life and I don't want to waste good money on bad
  • Jan 17, 2010, 08:58 PM
    babygurl6662010

    So since I didn't do that? What now?
  • Jan 18, 2010, 06:50 AM
    ScottGem
    Quote:

    Originally Posted by babygurl6662010 View Post
    so since i didnt do that? what now?

    I told you:

    Quote:

    Originally Posted by ScottGem View Post
    Now you have made it much harder. So now you need to prepare an inventory of your property. You then compile of list of your costs and damages. then you file suit.

    You are not really after the value of your property, you want the property returned, so you may not have to include their value in your suit.

  • Jan 18, 2010, 08:46 AM
    babygurl6662010

    But she says she doesn't have my stuff any more she will more than likley say that in court so then would end up paying for the stuff or what not
  • Jan 18, 2010, 08:52 AM
    ScottGem
    Include in your suit that you want your stuff returned or current value paid. If you win the suit, you can have the police accompanying you to search the premises for your stuff. Anything you can find you bill her for. But again, I suspect you will have a very hard time collecting.
  • Jan 18, 2010, 06:42 PM
    babygurl6662010

    Because I waited so long?
  • Jan 18, 2010, 06:44 PM
    JudyKayTee

    No, because you have to locate her assets if she does not pay you willingly after you get a Judgment against her, a costly and time consuming process.
  • Jan 18, 2010, 06:49 PM
    babygurl6662010
    Or because she has no income
  • Jan 18, 2010, 06:50 PM
    ScottGem
    Quote:

    Originally Posted by babygurl6662010 View Post
    or because she has no income

    Same difference
  • Jan 18, 2010, 06:54 PM
    babygurl6662010
    Well I think it will be worth it in the end they can't take her taxes or give her jail time if she doesn't pay?
  • Jan 18, 2010, 07:01 PM
    ScottGem

    No it doesn't work that way. You don't get jail time for owing money. And its not very easy to attach a person's tax return.
  • Jan 18, 2010, 07:14 PM
    JudyKayTee
    Quote:

    Originally Posted by babygurl6662010 View Post
    well i think it will be worth it in the end they can't take her taxes or give her jail time if she doesnt pay?


    Debtors prisons no longer exist. And, no, you cannot take her taxes. You can file a lien against her bank account and seize her taxes when she deposits them IF you can find her bank account.
  • Jan 18, 2010, 07:38 PM
    babygurl6662010
    So I do have a good chance of winning?

    Just collecting will be the hard part right?
  • Jan 18, 2010, 07:50 PM
    ScottGem

    I'm really not sure. The mistakes you made at the beginning will work against you.
  • Jan 18, 2010, 08:13 PM
    babygurl6662010

    Even with the illegal eviction/ doesn't she have try and contact me or omething to get my belonging and since technically she never gave me a legal eviction wouldn't I be considered living there until I changed my address or something. Plus when I moved out she kept my ood money for two month which was like around six hundred dollars
  • Jan 18, 2010, 08:14 PM
    babygurl6662010
    Food money
  • Jan 18, 2010, 08:33 PM
    ScottGem

    Look we have been over this several times. We can't predict what a court will do. You have enough basis to try, but there are no guarantees you can win.
  • Jan 18, 2010, 08:34 PM
    babygurl6662010

    What about no written lease?
  • Jan 18, 2010, 09:27 PM
    babygurl6662010

    I owe her money but only like 700.00 that's suposiably keeping my things but I tried to go over and give her a check and she wouldn't take it. I wrote her a check so I wrould have a record of me giving her money? Now what does that change anything or will that just lower the amount I get

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