My ex lives in Indiana. He came to California and to my home despite a court order that deemed he was not to be within 200-feet of me. He left some belongings on my porch, hoping I would mail them to him when he got back to Indiana. Two months later, he is demanding I mail them to him. I refuse to go out of my way. I told him that he may pick them up or arrange for a representative to pick the items up, but he insists I mail them. He says he will sue me for theft. It's preposterous and unfounded, but I would like some clarification. Assuming he does find a lawyer to take his case. If I am served a subpeona from an out-of-state court, am I obligated to attend? Also, why am I obligated to mail him anything? I told him he could collect the items. It's not my responsibility to go out of my way for him. And is there a lost and found or possessions law that can come into play? How long must I hold onto his things if he doesn't physically claim them? Forever?
2006-11-03 18:37:24 · 6 answers · asked by Xtine 2 in Politics & Government ➔ Law & Ethics
I should also add that he's attacked me, stolen from me, and destroyed my property. I'm resentful and will not bend an inch on this matter. I would spend my savings just to fight him in court if it came to it.
But I believe someone will be able to tell me that there's no reason to even think about it.
I believe there is something about supoenas that are out-of-state aren't binding.
2006-11-03 18:44:04 · update #1
There is also a paper/e-mail trail. The exact items and quantities are never mentioned, though.
2006-11-03 18:45:15 · update #2
If you're subpoenaed you'll have to appear at that court
2006-11-03 18:40:51 · answer #1 · answered by ? 7 · 0⤊ 0⤋
You should go a little out of the way to get this guy out of your life. It's simple. Just pack everything up and send it to him COD, including any insurance. COD is cash on delivery - he pays the postage, not you. Then he has no reason to contact you. It sounds like you are still holding on a bit. After the stuff is gone and he receives it, change you phone number and don't contact him. You filed for a restraining order for a reason. Now he is 2200 miles away!
I also believe he would have to sue you through the California courts as the property is with you and that was his previous address where the issue stems from, but check the local laws.
You don't have to show up to court in Indiana, but you will lose by default. You may even be able to contact a court person and discuss the issue if you are served explaining the situation. They may dismiss the case if you can prove your cooperation in advance. And what is going to get if he wins? Current value of the items?- no, only fair market value. He can't sue you for theft. He left the items there and you have verbally agree to return them, but on your terms, not his. He can't sue you for not sending them. He has to make the arangements.
If you don't want to mail the items, make the first move through legal channels. See a lawyer about drafting a letter outlining the specific terms under which you will return his items and for how long you will hold them. Remind him of the restraining order. Send it to him registered and send a copy to the local court in Indiana (or his lawyer if he has one). Include photo's of all items you have in your possession that he wants. Document any and all contact and keep all coorespondance you have with him. This may piss him off and he may do something drastic, but have a better idea how he will react.
If he decides to have someone pick the items up, meet the person in a public place other than you home. Make sure you know the person who may pick up the items and have others you know present as witnesses. Have a list ready with all of the items and have them sign that they received everything on the list. Don't take your personal safety for granted.
Good Luck.
You may be resentful, but remember, IT'S JUST STUFF. He did enough to you and is still trying to control you! I would see a lawyer and let them be the one to be the contact for getting the stuff to him if that's what they think you should do.
2006-11-03 19:08:58 · answer #2 · answered by Joe S 6 · 1⤊ 0⤋
Have you made these suggestions in writting or just verbally (phone ect.)
Cause if you just told him to come collect them ..... theres no way he can proove you ever got this stuff in the first place .... if the subpeona turns up ... all ya gotta do is contact the court and say .... what stuff??? ..if he was stoopid enough to leave it on ta doorstep wasn't your fault someone picked it up .... ignore his ***... or counter sue for harassment
2006-11-03 18:41:33 · answer #3 · answered by deadkelly_1 6 · 0⤊ 0⤋
No worries on your part. He broke a legal order in order to move the items from wherever they may have previously been onto your porch, and now he expects you to mail them to him? Also, most of these orders cover any form of contact, and you should be able to file harassment charges on him, should you so desire. But his legal standing? Zilch.
2006-11-04 01:26:22 · answer #4 · answered by JenV 6 · 0⤊ 0⤋
I wouldnt worry about it. Dont answer his calls. All its gonna do is put wood on the fire. If u stop responding, he'll get bored.
2006-11-03 18:48:13 · answer #5 · answered by ebaijunky06 3 · 0⤊ 1⤋
He's a loser. Isn't the cost of postage worth having him out of your life?
2006-11-03 18:38:58 · answer #6 · answered by BossHogg R 2 · 0⤊ 1⤋