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ScottGem · Jan 17, 2010, 03:10 PM

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.

babygurl6662010 · Jan 17, 2010, 07:14 PM

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

babygurl6662010 · Jan 17, 2010, 08:58 PM

So since I didn't do that? What now?

ScottGem · Jan 18, 2010, 06:50 AM

Originally Posted by babygurl6662010

so since i didnt do that? what now?

I told you:

Originally Posted by ScottGem

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.

babygurl6662010 · Jan 18, 2010, 08:46 AM

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

ScottGem · Jan 18, 2010, 08:52 AM

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.

babygurl6662010 · Jan 18, 2010, 06:42 PM

Because I waited so long?

JudyKayTee · Jan 18, 2010, 06:44 PM

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.

babygurl6662010 · Jan 18, 2010, 06:49 PM

Or because she has no income

ScottGem · Jan 18, 2010, 06:50 PM

Originally Posted by babygurl6662010

or because she has no income

Same difference

babygurl6662010 · Jan 18, 2010, 06:54 PM

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?

ScottGem · Jan 18, 2010, 07:01 PM

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.

JudyKayTee · Jan 18, 2010, 07:14 PM

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 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.

babygurl6662010 · Jan 18, 2010, 07:38 PM

So I do have a good chance of winning?

Just collecting will be the hard part right?

ScottGem · Jan 18, 2010, 07:50 PM

I'm really not sure. The mistakes you made at the beginning will work against you.

babygurl6662010 · Jan 18, 2010, 08:13 PM

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

babygurl6662010 · Jan 18, 2010, 08:14 PM

Food money

ScottGem · Jan 18, 2010, 08:33 PM

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.

babygurl6662010 · Jan 18, 2010, 08:34 PM

What about no written lease?

babygurl6662010 · Jan 18, 2010, 09:27 PM

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