I lived with my mom before and when I moved I left some things in her garage for storage and now she wont give them back to me. How can I get them back?
2006-08-14 10:18:10 · 9 answers · asked by torres21805 1 in Politics & Government ➔ Law Enforcement & Police
This would depend upon how the items were acquired. If your mom bought them for you and gave them to you, then it could be construed that your mom got them for you to USE as long as you remained with her. Your leaving home doesn't intitle you to anything you did not specifically purchase. That being said, if your mom is withholding your belongings, then there must be an underlying reason. These reasons could be factual or emotional, but resolving these issues may allow you to get your belongings in the easiest manner. This would also probably be the most inexpensive way.
If you left them for storage in her garage and agreed to give her some compensation for her keeping them.. then you might have some ground to stand on as long as you kept up your part of bargain. If you agreed to pay her say $25 a month and then you did so... then you can legally sue her to get them back. If you didn't have an agreement.. then she can simply claim you left them because you didn't want them anymore. If you did have an agreement and you didn't pay her.. the she can retain the belongings in lew of the payments you did not give her. So.. to answer the question.. how do you get them back.... well.. if the answer given in the first paragraph doesnt work for you... then you will need to go to your local courthouse which has jursidiction at your mother's address (city, JP, county, etc.) and file a small claims court lawsuit. This can be done for a relatively small fee. She will then be served papers that will explained she is being sued by you and for what reasons and that she must appear in court on the date specified. On that date, she must appear or you will 'win the case' on default. At that point you will be given a document that you can then present to your mother with an officer present and proceed to get your belongings. In your small claim court document you will need to list EVERYTHING that belongs to you as that will be ALL you will be able to remove from the residence. Also, be aware that if you had no contract with your mom then she really has no obligation to keep nor prevent from harm any of the belonging that are yours until she receives the lawsuit notice. Thus, if she knows this is the course of action you will be taking.. she can simply 'lose them, sell them, or 'oops I spilt some battery acid on them' and thus prevent you from getting your things.. a least not in the same condition as you left them.
My true suggestion.. work it out with your mom. If this isn't possible.. try small claims. If you do go to smal claims, understand it will be an uphill battle and the relationship between you and your mom will most likely never recover from it.
Good luck and I hope this helps.
2006-08-14 10:38:48 · answer #1 · answered by wrkey 5 · 1⤊ 1⤋
Some of these answers given to you were stupid. Someone did mention that it depends on the state and they are absolutely right. Here what you need to do is obtain an order to the residence to recover your property. A list needs to be made and a Sheriff's Deputy will escort you to the residence. Now if this is an ex-husband/wife it changes things. The property is common, meaning it belongs to both parties and that needs to be worked out in a civil court preceding. If you were staying with a friend or ex-lover and the property is yours, it stays yours and you get get it back. Call Court Services in your state and ask.
Good luck
2006-08-16 09:46:02 · answer #2 · answered by wayne s 1 · 0⤊ 0⤋
Alot of it will depend on how long they were there,your agreement,and the state you live in.Check your local law before filing . It might save you court cost.
2006-08-14 10:41:47 · answer #3 · answered by cottoncandyn2000 3 · 0⤊ 1⤋
depends on what state you live in- I'm in Texas and possession is nine tenths of the law- if you're here you're screwed. call your local police dept and ask them about the procedures on that situation
2006-08-14 10:24:37 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Get her a six pack from taco bell, tacos solve all problems
2006-08-14 10:23:26 · answer #5 · answered by The Man 5 · 0⤊ 0⤋
sue in a civil court. but only for your belongings....not mental anguish or money. You will come off phoney. (money if she destroyed your items)
2006-08-14 10:30:49 · answer #6 · answered by ♣ 4 · 0⤊ 1⤋
Wait till you know when she'll be gone and go get them then.
2006-08-14 10:23:55 · answer #7 · answered by Rach 1 · 0⤊ 1⤋
you take they *** to court boo let them know you are not playing games sue them for stolen property and what ever you feel but please bring proof don't go in the court room and make yourself feel dump
2006-08-14 10:23:28 · answer #8 · answered by pooh 1 · 0⤊ 1⤋
beat the crap out of them...
2006-08-14 10:31:56 · answer #9 · answered by fifidix19902001 2 · 0⤊ 1⤋