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Witholding property after a break up

Hollywood-Tourist

By Hollywood-Tourist
in Breaks and Breaking Up

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Hollywood-Tourist Established Member

Hollywood-Tourist

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Basically I would like some advice here please.

 

My fiancé and I have split up and although I have most of my belongings uplifted from her house, there are a few more things I still need to pick up.

 

I have tried to contact her to ask when I can collect these but she has ignored all of my phone calls/texts. However, just yesterday I managed to get through to her and she says she will not allow me to collect my things because apparently I owe her money (which I do not) and will not let me get them until she has the money.

 

What I want to know is what can I do from a legal point of view to recover my property from her house?

 

Thanks

d0nnivain Established Member

d0nnivain

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Unless the property is valuable or sentimental, just let it go. It's probably not worth the aggravation.

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mikeylo Established Member

mikeylo

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Weigh the worth of it vs legal costs.

 

You can make a list of items with approximate value of each and get a court order via your lawyer.

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Hollywood-Tourist Established Member

Hollywood-Tourist

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Unless the property is valuable or sentimental, just let it go. It's probably not worth the aggravation.

 

It's valuable things yes but it's the principal of the matter too.

 

 

Weigh the worth of it vs legal costs.

 

You can make a list of items with approximate value of each and get a court order via your lawyer.

 

Thanks, I may well have to take legal action as she is not backing down.

  • Like 1
d0nnivain Established Member

d0nnivain

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It's valuable things yes but it's the principal of the matter too.

 

 

 

 

Thanks, I may well have to take legal action as she is not backing down.

 

 

Every lawyer I know HATES clients who say it's the principle of the thing. Lawyer cost at least $300 per hour. It costs $400 to file a federal law suit. Do the arithmetic. Even the easiest case will take about 10 hours. Do the arithmetic . . . is it still worth it?

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d0nnivain Established Member

d0nnivain

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You could try filing a police report but she's going to claim you abandoned the property

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Hollywood-Tourist Established Member

Hollywood-Tourist

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You could try filing a police report but she's going to claim you abandoned the property

 

Not true. I have proof (text messages) that she acknowledges that my property is still there and I have evidence that she said I can't collect it because 'I owe her money'.

d0nnivain Established Member

d0nnivain

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Then try the police report route.

Gr8fuln2020 Established Member

Gr8fuln2020

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My ex went through the same thing when her ex (before me, of course) wouldn't allow her to retrieve her belongings. Some of her stuff was, in fact, sentimentally valuable so she wasn't going to give up. It was a mess. She ended up making some compromises and paying for some things she wanted back. Yes, she actually paid for some items that belonged to her! The remaining items she left behind.

 

I would go to the police or negotiate.

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SoleMate Established Member

SoleMate

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Try a small claims case, it can be as little as $35 to file (depends on jurisdiction and dollar value). Just be aware that no judge is going to give you a victory on the "principle". At best you get your property back - and even there, if she wants to make it hard (possibly for the "principle" of the thing), she can. What exactly is still in her possession and what would it cost you to replace it?

How long are you willing to grind on this for the "principle"?

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Hollywood-Tourist Established Member

Hollywood-Tourist

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What exactly is still in her possession and what would it cost you to replace it?

How long are you willing to grind on this for the "principle"?

 

I have a set of spare alloy wheels for my car, a bike and a lawnmower.

SoleMate Established Member

SoleMate

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So....about $1500 replacement value? Worth a small claims case.

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amaysngrace Established Member

amaysngrace

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Police have better things to do than to get involved in something so trivial.

 

Besides it's your word against hers.

Simple Logic Established Member

Simple Logic

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Every lawyer I know HATES clients who say it's the principle of the thing. Lawyer cost at least $300 per hour. It costs $400 to file a federal law suit. Do the arithmetic. Even the easiest case will take about 10 hours. Do the arithmetic . . . is it still worth it?

 

$300 an hour, you are over paying for an attorney

amaysngrace Established Member

amaysngrace

Posted
Posted
$300 an hour, you are over paying for an attorney

 

Not really....I know some who charge 4

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