wilsonx Posted July 9, 2011 Posted July 9, 2011 So my ex sent me an email today saying I owed her money for power bill blah blah blah, im gonna cut her a check for it dont care but when she moved out, she told me that I could have her plates. This was over a month ago June 5 to be exact. She left some personal effect boxes, a bookshelf, and the plateware. I was cleaning out the storage closet and found her personal affect boxes and you know what I wanted to toss them in the trash 4 of them but I kept them had my roommate call her to pick them up. We gave her until July 5 to pick up her bookshelf or we were going to discard it. We already did that. Now she wants her plateware back and Im like seriously #1 she gave it as a gift when she moved out. #2 she is no longer on the lease and has no legal claim to it. Am I right? Im tired of dealing with her games and if I give her this stuff back shes going to want something else
HeartOfAPhoenix Posted July 9, 2011 Posted July 9, 2011 Sounds like she doesn't have a legal case here.... Tell her to F*** off and be done with her. sounds to me like she's just trying to start trouble... I hate those people.
stray Posted July 9, 2011 Posted July 9, 2011 Technically, she can ask for her stuff back unless a certain amount of time has passed. I'm not sure what that time frame is, but it's well over a year, possibly several years. If you no longer have her things then she could take you to civil claims court and try to extract the worth of the items from you, but she has to have proof you at one point had her things, and she also has to have proof that her claimed value of the items are valid. If the total value is under $200, then I suggest you just pay her and get it over with. It might seem unfair, but it wouldn't be worth the time (potentially work hours) you'd lose over a claim that pertains to crap like plates.
stray Posted July 9, 2011 Posted July 9, 2011 My sister is an attorney, I did pre-law for undergrad and public policy for grad, and work with tons of attorneys on a regular basis.
HeartOfAPhoenix Posted July 9, 2011 Posted July 9, 2011 My sister is an attorney, I did pre-law for undergrad and public policy for grad, and work with tons of attorneys on a regular basis. Listen to stray then lol... I don't know the total value of her belongings that you have, but I would expect that she would end up paying more for the court visit than what the items are worth overall. unless, if she does try to take you to court, she sues you for the amount of cost for the lawyer/court visit in addition to her stuff.
Author wilsonx Posted July 9, 2011 Author Posted July 9, 2011 stray what about this http://law.justia.com/codes/virginia/2010/title-55/chapter-13-2/55-248-38-1/ Virginia law states that she has 24 hours after she leaves the property to claim the things
stray Posted July 9, 2011 Posted July 9, 2011 That pertains to the agreement between the landlord and the tenant (name on the lease), after the lease has been fulfilled and after the tenant has moved out (or should have moved out). It doesn't necessarily affect your ex. However, I think if you give her a reasonable time frame to retrieve her things by, then you'll be in the clear. You actually don't have to send her anything, legally. I can't speak to the particular property laws in Virginia, but you are under no obligation to "store" anyone's sh*t. But since she lived there, you do need to advise her that if she wants her things, she needs to come and get them by such and such date (something reasonable), and if she doesn't get her stuff by then, you can throw it out or donate it. If you owe her money, however, you need to pay that. You can possible strike a deal with her, that you'll send the plates if she waives the bill you owe her. Whatever deal you guys make, try to do it over email so you have proof of a formal agreement.
carhill Posted July 9, 2011 Posted July 9, 2011 Having dealt with this, and having spent time in court on legal matters, my inclination would be to decide which you value more, the money for the power bill or the plates and give her what you want to give her. Care less about what she says or does. There's a big difference between what's legal and what's enforceable. I've got thousands of legal fees and court time at that particular school. You're talking essentially nothing (no offense intended). Some people will push and push until you shove them back. It's the way of the world. Good luck.
Author wilsonx Posted July 9, 2011 Author Posted July 9, 2011 She was here this past sunday to get her things... she said nothing about the plates. Absolutely nothing, its 4 ****ing plates and 3 bowls and she wants 20 dollars for them. Shes just being a bitch... she has her cake already... she has everything else she wants... jesus christ shes a ****ing kid Im paying her for the power bill, theres no question about this. She will have a check in the mail tomorrow
Art_Critic Posted July 9, 2011 Posted July 9, 2011 Pay the power bill and give her the plates and any other stuff that is hers and then forget about her.. Make sure that everything out of the house is in those boxes and NOTHING is left for her to come pick up later. You can get a new set of plates at Target for 30-40 bucks. So it sucks she is a person who gives a gift then asks for it's return.. who cares..it's all cheap stuff in the scheme of things.
Author wilsonx Posted July 9, 2011 Author Posted July 9, 2011 fine, ill be the better person... i talk about all the time just doing the right thing and move on... i guess this is it. good advice
vsmini Posted July 9, 2011 Posted July 9, 2011 Give her back everything. Find a way to get it to her and be done with it. Make sure it's noted when she gets the rest of her stuff that you're aware that there is no longer any reason for her to contact you again. Make her feel like a fool for digging up reasons to come and see you. Tell her if she does contact you again you'll consider it harassment and won't put up with that. Get rid of this cow. What a nuisance.
Art_Critic Posted July 9, 2011 Posted July 9, 2011 i talk about all the time just doing the right thing and move on... i guess this is it. Nice bit of introspection.. good for you...
HeartOfAPhoenix Posted July 9, 2011 Posted July 9, 2011 fine, ill be the better person... i talk about all the time just doing the right thing and move on... i guess this is it. Take the high road on this one, I'm sure you can be the mature one between you and your ex and do the right thing . me on the other hand.... well I'm taking the low road for once lol.
TheHurtProcess Posted July 9, 2011 Posted July 9, 2011 Technically, she can ask for her stuff back unless a certain amount of time has passed. I'm not sure what that time frame is, but it's well over a year, possibly several years. If you no longer have her things then she could take you to civil claims court and try to extract the worth of the items from you, but she has to have proof you at one point had her things, and she also has to have proof that her claimed value of the items are valid. If the total value is under $200, then I suggest you just pay her and get it over with. It might seem unfair, but it wouldn't be worth the time (potentially work hours) you'd lose over a claim that pertains to crap like plates. I believe it's 90 days most places. Not sure about your state. Plus, you have to prove that you tried contacting her before you discarded her belongings, such as a certified letter or something along those lines would work.
TheHurtProcess Posted July 9, 2011 Posted July 9, 2011 fine, ill be the better person... i talk about all the time just doing the right thing and move on... i guess this is it. good advice You're a good man Wilson. I commend thee!
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