Love interest has my belongings

[HollyL]

Upper Peninsula Michigan
In July 2012 a love interest ask if I would help him during his recovery after a 4 wheeler accident. He was on a tether at the time and had difficulty with running errands. Though I had my own home in another area of the UP, I agreed to help him. I spent 3 months helping him. During that time I was led to believe that he was interested in more of a permanent relationship. I brought some personal items, and bought some items to make myself more comfortable as I helped him. On October 12, 2013 he kicked me out of the house with little warning. It was cold that time of night, 9:00pm, I was disoriented and was only able to take my dog, my purse and what I could grab. I went back the next day to get the rest of my belongings, and he stated he was keeping the items in lew of rent. I was helping him, I didn't need to pay rent. He told me once he received his SSI benefits he would pay me back some of the money he borrowed. He didn't. I called the 93rd District court in Munising, and they stated I needed to list my belongings, and find the receipts for these purchases. It took a long time, and it was winter by the time I got it done. There wasn't a way for me to pursue the issue, as I was in another town and couldn't find someone to help me haul my things (that is if he would give them to me). So I have been stewing on this... I recently called the 93rd District court and was told that they couldn't advise me on what to do, and that I needed to contact an attorney. I am 62 years old, and I can't afford to hire an attorney as I am on SSI benefits. I want my things back, I know I can't get money out of him, though I wish I could. I would appreciate any advice, I am mad at being a decent human being who was so terribly taken advantage of. H

 

[quincy]

Upper Peninsula Michigan
In July 2012 a love interest ask if I would help him during his recovery after a 4 wheeler accident. He was on a tether at the time and had difficulty with running errands. Though I had my own home in another area of the UP, I agreed to help him. I spent 3 months helping him. During that time I was led to believe that he was interested in more of a permanent relationship. I brought some personal items, and bought some items to make myself more comfortable as I helped him. On October 12, 2013 he kicked me out of the house with little warning. It was cold that time of night, 9:00pm, I was disoriented and was only able to take my dog, my purse and what I could grab. I went back the next day to get the rest of my belongings, and he stated he was keeping the items in lew of rent. I was helping him, I didn't need to pay rent. He told me once he received his SSI benefits he would pay me back some of the money he borrowed. He didn't. I called the 93rd District court in Munising, and they stated I needed to list my belongings, and find the receipts for these purchases. It took a long time, and it was winter by the time I got it done. There wasn't a way for me to pursue the issue, as I was in another town and couldn't find someone to help me haul my things (that is if he would give them to me). So I have been stewing on this... I recently called the 93rd District court and was told that they couldn't advise me on what to do, and that I needed to contact an attorney. I am 62 years old, and I can't afford to hire an attorney as I am on SSI benefits. I want my things back, I know I can't get money out of him, though I wish I could. I would appreciate any advice, I am mad at being a decent human being who was so terribly taken advantage of. H

You could try to reason with the fellow one last time. Then you could sue him for the return of any items of yours that are still in his possession.

Unless these personal items are irreplaceable, of sentimental value, or are of some monetary worth, however, it may not be worth the time and expense to pursue the return of them in court. And there is always the chance that the guy could try to counter-sue you for rent.

It might be best for you to write up your experience as a lesson learned and move on, but you can always consult with an attorney in your area to see what s/he thinks.

Good luck.

 

[HollyL]

He is being unreasonable

You could try to reason with the fellow one last time. Then you could sue him for the return of any items of yours that are still in his possession.

Unless these personal items are irreplaceable, of sentimental value, or are of some monetary worth, however, it may not be worth the time and expense to pursue the return of them in court. And there is always the chance that the guy could try to counter-sue you for rent.

It might be best for you to write up your experience as a lesson learned and move on, but you can always consult with an attorney in your area to see what s/he thinks.

Good luck.

I have tried a few times to reason, and really just do not want to deal with him anymore. It just makes me so mad that he can get away with this type of deception. I had my BIG television, a notepad, a rototiller, he rolled over my dog fence with my 4 wheeler (which I did get back but it was broken), plus other stuff. It isn't that it is sentimental, but it is my stuff, and I live on a fixed income and had to save to buy these things. If I were to sue what should I do? How would he have the ability to counter-sue? Plus he is on a fixed income as well. H

 

[HollyL]

Just saying thank you for getting back with me so quickly...

I have tried a few times to reason, and really just do not want to deal with him anymore. It just makes me so mad that he can get away with this type of deception. I had my BIG television, a notepad, a rototiller, he rolled over my dog fence with my 4 wheeler (which I did get back but it was broken), plus other stuff. It isn't that it is sentimental, but it is my stuff, and I live on a fixed income and had to save to buy these things. If I were to sue what should I do? How would he have the ability to counter-sue? Plus he is on a fixed income as well. H

Too, thank you for getting back with me so quickly. H

 

[Silverplum]

The link to the Civil Courts in your state: http://courts.mi.gov/self-help/center/general-information/pages/general-civil-process.aspx

 

[Gail in Georgia]

Most of these types of cases end of in the the states version of Small Claims as they involve relatively small amounts of money in dispute. In your state this would be under $5000. Filing for such isn't that expensive and you would represent yourself in court.

Suing is about money. He has no reason to counter-sue you. If he attempts to for, say, rent, he would have to prove to a court that you two had a rental agreement at the time you were residing with him.

Keep in mind that if you do win your judgment, it would still be up to you to collect. The court will not help you with this. If you win you might simply say you'd like your items back.

Gail

 

[HollyL]

I am confused

Most of these types of cases end of in the the states version of Small Claims as they involve relatively small amounts of money in dispute. In your state this would be under $5000. Filing for such isn't that expensive and you would represent yourself in court.

Suing is about money. He has no reason to counter-sue you. If he attempts to for, say, rent, he would have to prove to a court that you two had a rental agreement at the time you were residing with him.

Keep in mind that if you do win your judgment, it would still be up to you to collect. The court will not help you with this. If you win you might simply say you'd like your items back.

Gail

When I looked at the website from the post prior to yours, it said that "Postjudgment Procedures" provide the parties with the means to enforce a judgment...and to assess costs associated with the case. Does this mean that they can help you get your items back? H

 

[Mark Maroon]

When I looked at the website from the post prior to yours, it said that "Postjudgment Procedures" provide the parties with the means to enforce a judgment...and to assess costs associated with the case. Does this mean that they can help you get your items back? H

No, that means that there are (legal) procedures that one can take after obtaining a judgment to try and enforce their judgment (ie. recover possessions, garnish bank accounts, etcetera). But the judgment holder has to follow those procedures - or pay someone else to follow those procedures. The bottom line is that it's not likely to be worth your time and trouble to try and recover $1,000 worth of stuff or even $1,000 cash judgment. Your defendant is likely judgment proof. But who knows, maybe he really has a secret bank account that you can uncover, or maybe after filing against him he will cough up the possessions, or ...

 

[HollyL]

Okay

No, that means that there are (legal) procedures that one can take after obtaining a judgment to try and enforce their judgment (ie. recover possessions, garnish bank accounts, etcetera). But the judgment holder has to follow those procedures - or pay someone else to follow those procedures. The bottom line is that it's not likely to be worth your time and trouble to try and recover $1,000 worth of stuff or even $1,000 cash judgment. Your defendant is likely judgment proof. But who knows, maybe he really has a secret bank account that you can uncover, or maybe after filing against him he will cough up the possessions, or ...

Okay, I appreciate the help. Thank you, Holly