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.

Virginia Department of Social Services: What You Need To Know

The Department of Social Services (“DSS”) is an organization created by the Virginia government. DSS was created to help people get state and federal benefits, protect children from abusive parents, prevent people from taking advantage of individuals with disabilities or special needs, and help with adoption proceedings.

If DSS has become involved in your life, it is because there is some concern about a friend or family member that needs help or protecting. Alternatively, you may be under investigation for some alleged wrongdoing. What do you need to know before you interact with DSS?

DSS Works With Law Enforcement

In order to provide people with the protection or services they need, DSS works closely with local law enforcement. Law enforcement may be notified about any information that DSS obtains during their investigations.

For example, if DSS is doing a family assessment on your family, and you admit to leaving drugs or alcohol in areas where children are located, that information could make its way to law enforcement. If you admit to using any controlled substances to DSS, that information may also make it to law enforcement. Be careful about what you admit to DSS.

There Are Several Types of DSS Workers

There are several different types of workers that are employed. During the time you are working with DSS, you may meet several different individuals. It is important to know who these individuals are and what their roles are. That way, if you have any questions about the status of your case, you will know who to talk to.

If you are dealing with a child that has been placed in foster care, you will likely have at least two (2) different workers. There will be a worker who does the initial investigation to determine placement options, and a worker that works directly with the foster care provider. If you have questions regarding how a child is adapting to foster care, the foster care worker is the better person to speak to.

DSS is Trying to Help

If you are the subject of an investigation, if you believe a child or an adult with disabilities is being abuse, or if your children have been taken away, keep in mind that DSS is trying to help your family. You should immediately report any possible family abuse. DSS’s goal is rarely to initially prevent someone from ever seeing their family again. DSS is there to try and identify safety and health issues that would make the home unfit.

If a family member has been taken away or placed under a protective order, DSS is required to work with you to identify services that can help return the child to your home. Some common types of services include substance abuse evaluations, mental health evaluations, in-home therapy, parent mentors, medication management, and family meetings at DSS’s office. The types of services that will be recommended depend largely on the needs of each individual family. You may have more or fewer services depending on why DSS is involved.

Why You Need a Lawyer if DSS Contacts You

As previously stated, DSS works closely with law enforcement. Additionally, DSS has a heavy caseload and may delay in getting you the services you need. If you say the wrong thing to DSS you could be subject to criminal proceedings. Alternatively, a delay caused by DSS may result in a significant period of time where you could have your child returned to you. A lawyer can help you understand what information could be dangerous to share, how best to receive the services your family needs, and how to interact properly with DSS. If DSS is involved in your family, make sure you consult a lawyer.

Virginia Property Disputes: How To Get Your Stuff Back

Have you loaned a friend your car for the evening and they are refusing to return it? Did you break up with your significant other and they are refusing to give your dog back? Did your parents kick you out of the house and your stereo system is still there that you paid for? Virginia law protects people from having their personal property withheld from them.

So what is the process for getting your property back from someone who is unlawfully withholding it?

How Much Time Do You Have?

The first thing you need to be aware of is the timeline for filing your claim for stuff with the court. There are three different deadlines depending on whether you have a written contract with the person holding your property, an oral contract, or no contract at all.

For example, if you have a written contract with a storage company, and they are refusing to return your property even if the contract allows it, you have five (5) years to demand your property back. If you have an oral contract whereby your friend is borrowing your lawnmower, then you have three (3) years from the date you demand the property back.

In contrast, there is less time if you are dealing with a situation where there is no contract. If you need to get your dog back from your significant other, you only have two (2) years to do so. If you fail to file at the right time, you may never get your property back.

What Do You Need To File With the Court?

The process is started by filing a document known as a “Warrant in Detinue.” This document must identify the specific property you allege the other person is withholding. For example, if you are dealing with a dog you should identify their name, breed and age. It is also a good idea to provide documentation proving that you are the owner of the dog to the court. This applies whether there is a written contract or no contract. If there is no contract, you should attempt to locate proof of purchase such as receipts from your credit card company or your bank.

What if the Property is Stolen?

Alternatively, you may need to consider contacting your local Magistrate if the person who is holding your property has no right to do so. This may be considered theft. They may be in trouble with the police if they have stolen your property.

Why You Need a Lawyer.

Failure to follow the specific procedures provided under Virginia Law may cause your case to be thrown out. For example, if you do not provide adequate proof of ownership or enough description of the property, you will lose. If you do not timely file, you will lose. Therefore, if you are in a property dispute you should immediately contact an attorney to determine what your rights are.

Virginia Landlord Disputes: Getting Your Money

Let’s say you have gone through the eviction process and have been granted a judgment from the court saying that your tenant owes you for rent, late charges and/or damage to the property. Money will not necessarily immediately be deposited into your bank account. Many times, tenants will refuse to pay a judgment after the case is over. This can often lead to a frustrating series of events where you will not be able to pay for the damage done to your property.

So how do you get the money the judge said you were entitled to? This is a process known as collections, and it can be a very complicated process. Virginia law creates a specific procedure for obtaining money that is owed to you from a court case. These procedures include, but are not limited to, forcing the other party to identify their assets, taking money from their paycheck, taking money from their bank accounts, and even forcing them to sell personal property.

So how does that process work, and what do you need to know?

How to Find Assets

The first step in the process is figuring out the best way to collect from the opposing party. Some people have money sitting in their bank accounts and receive very little from their wages. Other people do not save money and instead live paycheck to paycheck. Finally, some people have a lot of fancy personal belongings but no bank account or wages to speak of.

In order to determine the best way to collect against the other party, you need to learn of their assets. This is accomplished through a process known as “debtor interrogatories.” In Virginia, you can force the other party to come to court and testify, under oath, as to the location and nature of any of their assets. This is a valuable tool, and it can save time and money of filing to take a non-existent bank account.

There are several other methods for finding assets that a good attorney will have at their disposal.

How to Take Money From Wages

If you find out that the other party is making a lot of money, it may be worth filing what is known as a “wage garnishment.” This procedure allows you to force their employer to withhold money from the opposing party’s paycheck and submit it to the court.

However, some people do not earn enough. There are laws in Virginia which limit the amount of disposable income you are allowed to garnish.

How to Take Money From a Bank Account

If you find out the other party is keeping a lot of money in their bank accounts, then the next step may be to file a “bank garnishment.” This procedure lets you force a bank to identify the accounts that the other party holds and the amount of money in the account. Some of the dangers of this process include limitations on taking money from joint accounts, or limitations on taking social security income.

How To Force The Sale of Personal Property

Finally, you can force the other party to sell assets that are worth a lot of money to pay their bills. If they have a massive 70-inch television they use to watch the super bowl, you may be able to force them to sell that property. This is done through a process known as a “writ of fieri facias.” However, there are limits on the types of personal property that can be taken.

Why You Need A Collections Lawyer

You should hire a lawyer to help you navigate your way through the collections process. There are many notice requirements and filing requirements, as well as time requirements, for collecting on a judgment. Most collections attorneys will take these cases on contingency if it is a high enough value. Seek out a local attorney if you are looking to collect.

VIRGINIA: Controversy over Guardian ad Litems

The Study

People are not happy with Guardian ad Litems ("GALs").  There have been several studies conducted in the last few years of various social service professionals regarding their attitudes to GALs.

The most recent survey that created controversy was a poll of three hundred (300) Court Appointed Special Advocates (“CASAs”). CASAs are non-lawyers who volunteer their time to talk with children during court proceedings. CASA volunteers are important, because they provide emotional support for children. 

The survey results were not good:

1. Ninety (90) percent feel that GALs are not performing their job.

2. Thirty-Six (36) percent stated that Guardian ad Litems "seldom" visit the children.

3. Only Nine percent (9%) stated that Guardian ad Litems are investigating their cases.

The Aftermath

The survey results caused an uproar with the press. After the survey results were released, several newspapers contacted local courts to get more information on GALs. One such court released the billing information for several GALs in and around Stafford County, Virginia. Many of the GALs were receiving approximately One Thousand and 00/100 Dollars ($1,000.00) per case. 

So what is the result of all this bad press?

GALs and family lawyers are currently debating what these results mean for the legal community. Some legislators are already talking about abolishing the role of GALs entirely. Legislators are being faced with a large bill and anger over the perceived lack of accountability for GALs. It is likely that there will be huge changes to the GAL system going forward.

Suggestions for Change

Whether we agree with the results of the study or not, we GALs have failed. At the very least, we have failed to work collaboratively with other social service professionals. The lack of communication between GALs and CASA has resulted in animosity and a lack of mutual understanding of what our job is.

The problem facing GALs is reminiscent of the public perception of lawyers during changes to the disciplinary rules in the 1990s. People don't know what we do, or why we bill so much time. 

The first step forward is to begin working more closely with our volunteer counterparts. We need to educate our colleagues on our role, and work to clear any misunderstanding. Furthermore, we need to make absolutely sure we abide by the standards that govern GALs.

Finally, we need to advocate for more stringent standards for GALs. The standards right now are simply baseline requirements. As with the changes that came by switching away from the disciplinary rules, we need to modify the standards that govern GALs. Only when we have a more comprehensive set of guidelines will we be able to perform to the best of our abilities.