Nasty Breakup: How Do I Get My Stuff Back?
Are you going through a nasty break up and your ex is refusing to give you your stuff back? This happens more often than you think. I get a lot of calls from people who are trying to get their property back from an ex that is trying to keep all their stuff. Even if you were not married, there are ways of getting your property back and taking your ex to Court.
Make A List
The first thing you need to do is to make a list of all the property that is being kept. You will eventually need that list to prove to the court what property is being unlawfully withheld. Your list needs to be very detailed and needs to outline things like makes and models of the property that they are keeping. For example, if your ex is refusing to return your lawn mower you need to list out what kind of lawn mower it is.
Get Your Receipts
If your ex ultimately refuses to return the property, you will need to prove the “provenance” of the property. The provenance is the proof of ownership and where the property came from. Before the Court can return the property, you will have to prove that you are entitled to its return. You do not want to be in a situation where your ex claims it was their property and you have no proof.
If you purchased the property by credit card, get your credit card statements. If you paid cash, try to find your receipts. If you paid with a check, go to your bank and get the canceled checks. Either way, you are going to need proof of ownership before the Court can return anything.
Talk It Out
Before going to Court, the Judge is going to want to see that you tried to get your stuff back the easy way. You want to start by sending a certified letter to your ex explaining what property they are refusing to give back. Attach the list and the receipts to the letter and make sure you make that letter certified to prove they received it.
Go To Court
If all else fails, you will need to take this to Court. The proper way of taking this issue to Court is by filing a “Warrant in Detinue.” This is a type of lawsuit that tells the Court what property is being withheld and what the value of the property is. That is why the lists and the receipts mentioned above are very important. You need to get those items together before you file.
Once you go to Court, the Court will review your proof of ownership. If you have enough proof, the Court will either order the items to be returned or order your ex to pay you for the fair market value. You may even be entitled to legal fees depending on how things play out.