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03-25-2006, 07:31 AM
| | Junior Member | | Join Date: Mar 2006
Posts: 14
| | | property dispersal What is the name of your state? IL
I have been divorced almost 2 yrs. Ex was given "Exhibit A" as property given to him by the decision of the courts. I had an order of protection against him, therefore there was a seperate 60 day order for him to contact me and the sheriff's Dept for an agreed date to pick up his things. He emailed me with a date that was good for him (the last weekend of the 60 day period) demanding that I had to be there or he would "get the things himself." He knew I wasn't going to be around as I have been gone on that weekend every year for business since 1986. He then was not able to get the sheriffs Dept to come out b/c the order had expired past the 60 days. However, the house was in foreclosure and I had to move out by Nov 14th. I moved out on the 10th. I contacted him and allowed him to come retrieve his items since I was not living there anymore he wouldn't need the sheriff there. I thought I was being generous as HE failed to notify me b4 the 60 day period. He came to the house(which is on the backside of my parents farm) and removed his item and trashed the whole yard with the things he didnt want. Then he came to my house and proceded to burglarize it and stole items from a locked storage bin. Yes, he was later convicted and plead guilty to it. Now he's trying to take me to court saying that I still have his items, and he sent me a list of items he wants. Those items arent even on Exhibit A" yet he believes they are his. SO******************************************.. my question is this...... Does he have a case since he failed to comply with court orders as he was past the 60 day mark in the 1st place, and the items he is requesting arent even on Exhibit A? | 
03-25-2006, 07:51 AM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,247
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Originally Posted by kluetke18 What is the name of your state? IL
I have been divorced almost 2 yrs. Ex was given "Exhibit A" as property given to him by the decision of the courts. I had an order of protection against him, therefore there was a seperate 60 day order for him to contact me and the sheriff's Dept for an agreed date to pick up his things. He emailed me with a date that was good for him (the last weekend of the 60 day period) demanding that I had to be there or he would "get the things himself." He knew I wasn't going to be around as I have been gone on that weekend every year for business since 1986. He then was not able to get the sheriffs Dept to come out b/c the order had expired past the 60 days. However, the house was in foreclosure and I had to move out by Nov 14th. I moved out on the 10th. I contacted him and allowed him to come retrieve his items since I was not living there anymore he wouldn't need the sheriff there. I thought I was being generous as HE failed to notify me b4 the 60 day period. He came to the house(which is on the backside of my parents farm) and removed his item and trashed the whole yard with the things he didnt want. Then he came to my house and proceded to burglarize it and stole items from a locked storage bin. Yes, he was later convicted and plead guilty to it. Now he's trying to take me to court saying that I still have his items, and he sent me a list of items he wants. Those items arent even on Exhibit A" yet he believes they are his. SO******************************************.. my question is this...... Does he have a case since he failed to comply with court orders as he was past the 60 day mark in the 1st place, and the items he is requesting arent even on Exhibit A? |
Are the items his property? | 
03-25-2006, 08:48 AM
| | Senior Member | | Join Date: May 2004
Posts: 41,303
| | Quote: |
Originally Posted by Bali Hai [/b]
Are the items his property? | If they weren't on exhibit A, they aren't his property. | 
03-25-2006, 09:00 AM
| | Senior Member | | Join Date: Jun 2004 Location: "Harvey and Me"
Posts: 25,177
| | | Your post doesn't stand together.
You say he didn't comply with the order of the court regarding notice then say He emailed me with a date that was good for him (the last weekend of the 60 day period)
Either way, to ascertain whether or not you OR he was in violation of the original order we would have to have the complete order to read.
__________________ Just because I'm a miserable human being doesn't mean I'm not right... | 
03-25-2006, 09:01 AM
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Posts: 4,247
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Originally Posted by LdiJ If they weren't on exhibit A, they aren't his property. | I'm not so sure about that since OP is so worried that he has a case.
He obviously believes they are his property and is willing to take legal action to recover them. | 
03-25-2006, 09:11 AM
| | Senior Member | | Join Date: May 2004
Posts: 41,303
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Originally Posted by Bali Hai I'm not so sure about that since OP is so worried that he has a case.
He obviously believes they are his property and is willing to take legal action to recover them. | Or, he is just mad because he got convicted of a crime for burglarizing and trashing her home and is playing petty revenge games. | 
03-25-2006, 11:34 AM
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Originally Posted by BelizeBreeze Your post doesn't stand together.
You say he didn't comply with the order of the court regarding notice then say He emailed me with a date that was good for him (the last weekend of the 60 day period)
Either way, to ascertain whether or not you OR he was in violation of the original order we would have to have the complete order to read. |
The order stated it had to be agreed upon by both parties for him to retrieve the items. Then there was a seperate agreed order filed by his then atty. that he pick up the items on Nov 6 if police available or Nov 7 if police available and he didnt get his property listed in Ex A then either. 2 orders he refused to follow. | 
03-25-2006, 11:38 AM
| | Senior Member | | Join Date: Jun 2004 Location: "Harvey and Me"
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Originally Posted by kluetke18 The order stated it had to be agreed upon by both parties for him to retrieve the items. Then there was a seperate agreed order filed by his then atty. that he pick up the items on Nov 6 if police available or Nov 7 if police available and he didnt get his property listed in Ex A then either. 2 orders he refused to follow. | Can you not read? I said to offer a valid opinion we would have to READ the complete order, NOT your interpretation of the order.
Which was a nice way of saying if your own attorney who has read the order can't give you an opinion how do you expect to receive a valid one here?
__________________ Just because I'm a miserable human being doesn't mean I'm not right... | 
03-25-2006, 11:57 AM
| | Junior Member | | Join Date: Mar 2006
Posts: 14
| | | I dont have an atty now, but thank you anyways for nothing. You want me fax you the order? That is what the order stated NOT my interpretation of it. Can you not read? | 
03-25-2006, 12:17 PM
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Originally Posted by kluetke18 I dont have an atty now, but thank you anyways for nothing. You want me fax you the order? That is what the order stated NOT my interpretation of it. Can you not read? | Hon, that isn't WORD FOR WORD what the order said. Most of the time you may not get a valid answer if you don't quote the order, word for word. | 
03-25-2006, 12:44 PM
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Posts: 4,247
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Originally Posted by LdiJ Hon, that isn't WORD FOR WORD what the order said. Most of the time you may not get a valid answer if you don't quote the order, word for word. | Give him his property and you both can move on. | 
03-26-2006, 11:22 AM
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Originally Posted by Bali Hai Give him his property and you both can move on. |
I gave him his property, then when he thought he was cheated by the judge he broke into my storage bin and stole MY property. YES, he was convicted and plead guilty to a class 2 felony burglary and there is currently a no-contact order with him and me. Now he's trying to get it twice and added things that were NOT on Exhibit A. | |
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