Check out some similar questions!

Lizzyliz · Feb 19, 2011, 03:23 PM

A now ex-friend offered to store stuff from my apartment in a bedroom in his apartment. After some very serious issues developed, I was advised not to be anywhere near him and to not speak with him for my own safety (due to his mental conditions). I was told to have a 3rd party make arrangements with my ex-friend to pick up my stuff. Well, during this time, he kept making arrangements and then breaking them, I was also pregnant during this time and started to develop severe complications from stress and high blood pressure.

For fear that my stuff would be damaged or even destroyed I asked my 3rd party contact to just keep their cool and continue to make arrangements to pick up my stuff... unfortunately during all this, my newborn daughter has passed away and I was trying to deal with that. Well, its now been almost a year that he has had my stuff in his possession and I am not tolerating his behaviour anymore... I had my Uncle get in touch with him to let him know that he and a few others will be at his apartment on Sat Feb 26th at 2:00pm to get my stuff... he is still refusing... he is also saying he's moved and will not tell anyone where he lives until HE wants them to pick up my stuff... I am at my wits end with this guy!!

He is now contacting my mother and harassing her, saying he knows where I am cause he has GPS on me, he knows its me texting and not my uncle (which is NOT true... its been my uncle NOT ME) and he is also telling my uncle that I have mental issues that need to be addressed and is also spreading rumours about me having a serious mental disorder (which again is not true, seeing as HE is the one who is being treated by a doctor for a mental illness)... can I now charge him with theft since he is refusing to tell my uncle where my stuff is..? And because he's refusing to allow anyone to pick my stuff up..? And can I charge him for spreading harsh untrue rumours about me..? Please help... what can I do..?

JudyKayTee · Feb 19, 2011, 04:40 PM

You must be FINANCIALLY damaged in order to collect for "harsh untrue rumors" about yourself. Is that the case?

No, you can't charge him with theft. A year is a VERY long time to safeguard someone's possessions.

Sue him in Small Claims Court - hire someone to locate him if you need to - and let the Court sort it all out.

I see no theft. Perhaps he agreed to safeguard your belongings forever; perhaps he did not. He will argue that he didn't hear from you - and contact by other family members is not going to count. You say you never contacted him. That is going to work against you UNLESS your uncle has your Power of Attorney.

Who told you to stay away and have a third party make arrangements? The Police?

Fr_Chuck · Feb 19, 2011, 06:39 PM

no he has not done any criminal action. And you waiting a year doing really nothing ( at least properly) makes it even harder, I doubt the court would even think he had a obligation to keep things that long.

But you sue in court for the value of the items that you put there.

Lizzyliz · Feb 19, 2011, 06:44 PM

1st. I'm in Ontario, our theft laws differ from yours, 2nd yes the police advised that a 3rd party contact him since he was a threat to my well being... 3rd, if I have a third party speak to him on my behalf it's the same as if I were to contact him myself... anyways up until TODAY he has said he has my stuff and is not giving it back UNTIL HE SAYS SO... ITS BEEN ALMOST A YEAR... I really don't think a judge is going to say this is my fault!! Or the police for that matter... and I have talked to a police officer tonight and I can charge him with theft since he's had my stuff and I've tried making arrangements to get my stuff for 10 months now!!

Lizzyliz · Feb 19, 2011, 06:50 PM

Ok for the 3rd time I have been trying to get my stuff for 10 MONTHS and he has refused to give it to me until HE DECIDES HOW DO YOU THINK THIS Isn't A CRIMINAL ACT..? Not like I've been sitting back for 10 months not trying to get my stuff back... I've been trying weekly!! THANKS!!

Lizzyliz · Feb 19, 2011, 06:52 PM

I also have voice messages and text messages from him over the past 10 months... admitting he has my stuff and won't give it to me until he wants too!!

Fr_Chuck · Feb 19, 2011, 07:25 PM

No, 3 times in 10 months is a laugh if you really wanted it.

3 times in the first week perhaps. And after a few weeks and he would not, you don't forget about it for a few months, you go to court.

I stick to my opinion, the courts will not view what you did as really being too serious.

Next take what police officers ( who are not trained in law and often tell you wrong answers, or answers to make their job easier) I see no legal reason except to try and stop possible issues that you could not have gotten your own items, with a police officer present. You call and have officer meet you at the home to watch you get your things..

But at this point suing is all you have.

JudyKayTee · Feb 20, 2011, 08:33 AM

Comment on JudyKayTee's post - 1st. I'm in Ontario, our theft laws differ from yours, 2nd yes the police advised that a 3rd party contact him since he was a threat to my well being...3rd, if I have a third party speak to him on my behalf its the same as if i were to contact him myself....anyways up until TODAY he has said he has my stuff and is not giving it back UNTIL HE SAYS SO....ITS BEEN ALMOST A YEAR.....I really dont think a judge is going to say this is my fault!!! Or the police for that matter....and I have talked to a police officer tonight and I can charge him with theft since he's had my stuff and ive tried making arrangements to get my stuff for 10 months now!!!!

First, when it comes to this question the law is the same.

Second, unless we're all mind readers you could have been posting from anywhere.

Third, the Police have absolutely no legal standing in this. I trust you have their report telling you not to contact him directly? I doubt it. They are absolutely legally incorrect that having a third party that has NO interest in the transaction is the same as you contacting him yourself.

Fourth, you think a Judge will find this isn't your fault and YOU ARE WRONG.

Fifth, YOU haven't been trying. A third party has been trying.

So come back when you win your case in Court. And let us know how the slander/defamation lawsuit works out after you file that.

And try not to fall off your high horse in the process.

You were VERY rude to everyone who tried to help you. No wonder you have legal problems. No mystery there.