Girlfriend took my stuff

[dan1971]

What is the name of your state (only U.S. law)?

I live in Massachusetts.

After 6 years living with my girlfriend we broke up and she moved out. She was given access to the apartment to collect her things. After she left, I came home about 10 minutes later and saw that she had helped herself to about $1300.00 dollars of what I see as my possessions.

Some of these were gifts given to me for Christmas and birthdays. Some of the items were purchased by me and I have the receipts to prove this. I also believe I can prove with no doubt that she did knowingly take things back that she had given to me. This is because of an email she had sent me days after that stated the following: "Do you want me to bring your things back tomorrow? Don't want any problems". I did not open my email until 2 days later when I basically replied "yes". A day later she wrote back threatening me to stop harassing her and she would file assault and battery charges on me...which never happened. She went on to state that she no longer had any of my things. I see this as a stark contradiction when she first admits having some of my things and a couple emails later says she doesn't have them.

My main concern are the laws concerning gift giving? I do have witnessed that can testify that these items (expensive cookware specifically) were purchased exclusive for me. Unfortunately, one of them will be her 14-year-old who will probably have to be dragged into this. Not to mention the fact that if we're taking things back that we've purchased for each other, why didn't she leave the iPhone I just purchased or the diamond and pearl earrings, diamond pendant, gold bracelet, countless clothing, etc...

Since the night she moved, I have not contacted her...only a mutual friend to try and mediate this issue; a person who has voiced their disapproval with what she's done. I only contacted her after she emailed me asking if I wanted my things back. After she threatened me with "harassment" and "assault and battery", I have not had any contact with her.

I have paperwork for the local District Court to file a civil complaint. I'm looking for any advice on this type of issue since I'm not a attorney. Mainly, what exactly should I watch out for when I represent myself in court on this issue? Any potential "surprises" that I should be prepared for?

Thanks!

 

[swalsh411]

Plainly state your case to the Judge. Do not bring up any personal matters or her threat to file a police report because it's irrelevant. She could claim they were gifts. Having receipts will help. I wouldn't count on getting money for anything you don't have a receipt for.

 

[Proserpina]

Actually, bringing up the threat might indeed be relevant.

 

[swalsh411]

I wouldn't, but ok.

 

[halsal]

Actually, bringing up the threat might indeed be relevant.

And if she denies making the threat?

Stick to the (documented) facts.

 

[Proserpina]

And if she denies making the threat?

Stick to the (documented) facts.

And you know what is and isn't documented ... how?

The OP stated she'd made a threat. We can only go by what the OP states.

 

[justalayman]

I do have witnessed that can testify that these items (expensive cookware specifically) were purchased exclusive for me.

for household items such as that, you really need witnesses that the items were gifts specifically to you. A simple and common argument is that the items were purchased for the "household" and as such, both parties equally own the item. It gives you a claim for half of the value (what is used cookware worth on the open market?) but it is better than nothing. This is one thing that happens when people decide to live together outside of a marriage contract.

Some of the items were purchased by me and I have the receipts to prove this.

great. You can prove who bought it. Now all you have to do is overcome her claim it was a gift or a purchase for the "household" which you both paid into.


I do not see any benefit of mentioning there was a threat. So what if there was? A person has a right to report activity they see as threatening or harassing. What difference does it make to the issue at hand?

 

[halsal]

And you know what is and isn't documented ... how?

The OP stated she'd made a threat. We can only go by what the OP states.

The rules for evidence vary and what might fly in small claims won't stick in a district court. Producing an e-mail and claiming it was authored by another party does not guarantee that e-mail is sworn or admissible as evidence.

I do not see any benefit of mentioning there was a threat. So what if there was? A person has a right to report activity they see as threatening or harassing. What difference does it make to the issue at hand?

.. or even if the threat is relevant, as justalayman observes.

Stick to the (documented) facts.

 

[Proserpina]

Sigh...I do apologize. It was simply musing; if there is indeed a threat made, it can be acted upon.