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I moved out of a former friends house where my son, my fiancé, and I lived and paid rent she threatened me that if I returned we would physically fight so I had to go with the police to retrive some of my belonging I told her I would be back in about a week she currently has over 5,000 dollars of my things and tells the police that she has nothing of mine. How do I win?
Do you have proof that they are your things? Will the police go back with you? Why did you leave anything there at all?
You may have to go to court to sue her.
I didn't have any place to go right away and then when I finally had the money for a truck I could only make one trip yes I have recipts for all 5,000 worth and if I do go to court I want to win and would it be considered small claims
No the police said there is nothing else they can do and that they won't goi in with me to compare stuff with the recipts
So basically she evicted me in one day with out any written notice. I had to spend all the money I had on a quick place to say while I looked a permanent place to live.
You said you moved out. If she told you to get out, then sue her for an illegal eviction. Include the costs of moving and the rent differential.
Can I sue for emotional stress and what is the court procedure and costs? Is it small claims since it is over $5,000?
Depends on the small claims limits in your area. But Small claims won't deal with emotional distress. And I doubt you could prove you were sufficiently damaged.
Hello b:
Small claims is the way to go. Some jurisdictions have "housing court", which may be where you have to take your illegal eviction suit. Where I live, you do it all in small claims court.
Let me suggest that your claim is worth far less than the $5K you paid. The court is going to award you the value of your possessions at the time they were ripped off - NOT the time right before you bought them... That means, even if you paid $125 for a pretty dress, it's probably only worth $5 used.
excon
Yea but it not a pretty dress its my grill,washer, dryer, couch, laptop, sons brand new clothes that had tags still
Basically things I need to perform every day task, so things I would normally do I have to go signifacantly out of my way to do now such as laundry and school
And she is keeping opened mail, my social secirity card , picrures of my son and other sentalmentail belongings
Hello again, gurl:
Just imagine your stuff on your lawn in a garage sale. How much could you sell it for, EVEN with the tags still on? I'm telling you, that you're no different than any other person who sells their USED stuff. They're lucky if they get 10% of the value of their stuff, and you won't either.
I know, it ain't fair. That doesn't change it.
excon
So having to find a new place to live in one day isn't emotionally stressful. And what about my laptop because it was a school issued laptop and the school sent me the invoice and the laptop cost over 1,000 dollors?
Hello again, gurl:
It IS emotional distress - no question. You just can't collect for it in a contract dispute, and that's what this is.
Laptop that cost a grand?? See above.
excon
So what do u think is a resoniable amount to sue for considering property, moving, new place on such short notice, illegal eviction, and stress
Hello again, gurl:
Oh, I think you could get up to $5,000 pretty easily. But, you shouldn't guess. KEEP your receipts.
excon
So I moved out at the end of July I have been there since 2 times with the police and once on my own she claims that I took every thing I wanted and I abandonded the rest will that hold up in court ?
And she isn't working and she is in jail but she gets out for child care how do I get my money if I were to win
Hello again, gurl:Quote:
Originally Posted by babygurl6662010
Depends on the judge.
excon
Her argument will be you were there with the police, that was your chance to get all of your things, if you did not get it then, you left it.
And yes, if you have waited over 6 months to try and get your stuff, or file in court for it, I am not sure how it is goig to go.
Next she could not legally kick you out, you could have went back to live there and if she tried anything call the police on her,
But proving any and all of this in court will be the issue.
Again, do you have proof these items are yours? When you have gone there with the police, did you go in and identify the items and prove they are yours?
We sympathize with you, but this is a law forum. We have to tell you what the law is and what the courts will do.
As Chuck said, the fact that this has dragged on for 6 months is going to hurt your case. Another issue is collecting. Even if you win a suit, you may have trouble collecting anything from her.
Yes I have recipts worth any where from 5,000 to 6,000 dollars when I went there the second time the police would not go in with me to compare items with recipts they told me to go to court and I have been trying all six months to get my things. That's what I want real legal advice that will help me determine what would be in my best interest
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.
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
So since I didn't do that? What now?
I told you:Quote:
Originally Posted by babygurl6662010
Quote:
Originally Posted by ScottGem
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
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.
Because I waited so long?
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.
Or because she has no income
Same differenceQuote:
Originally Posted by 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?
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.
Quote:
Originally Posted by babygurl6662010
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.
So I do have a good chance of winning?
Just collecting will be the hard part right?
I'm really not sure. The mistakes you made at the beginning will work against you.
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
Food money
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.
What about no written lease?
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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