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babygurl6662010 · Jan 16, 2010, 09:11 PM

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?

ScottGem · Jan 16, 2010, 09:18 PM

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.

babygurl6662010 · Jan 16, 2010, 09:22 PM

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

babygurl6662010 · Jan 16, 2010, 09:23 PM

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

babygurl6662010 · Jan 16, 2010, 09:33 PM

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.

ScottGem · Jan 17, 2010, 05:36 AM

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.

babygurl6662010 · Jan 17, 2010, 08:06 AM

Can I sue for emotional stress and what is the court procedure and costs? Is it small claims since it is over $5,000?

ScottGem · Jan 17, 2010, 08:22 AM

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.

excon · Jan 17, 2010, 08:24 AM

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

babygurl6662010 · Jan 17, 2010, 08:30 AM

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

excon · Jan 17, 2010, 08:43 AM

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

babygurl6662010 · Jan 17, 2010, 08:49 AM

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?

excon · Jan 17, 2010, 08:59 AM

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

babygurl6662010 · Jan 17, 2010, 09:19 AM

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

excon · Jan 17, 2010, 09:25 AM

Hello again, gurl:

Oh, I think you could get up to $5,000 pretty easily. But, you shouldn't guess. KEEP your receipts.

excon

babygurl6662010 · Jan 17, 2010, 09:28 AM

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

excon · Jan 17, 2010, 09:32 AM

Originally Posted by babygurl6662010

will that hold up in court ?

Hello again, gurl:

Depends on the judge.

excon

Fr_Chuck · Jan 17, 2010, 10:00 AM

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.

ScottGem · Jan 17, 2010, 02:37 PM

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.

babygurl6662010 · Jan 17, 2010, 02:54 PM

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