whats the deal?
Junior Member
What is the name of your state (only U.S. law)? Trepass Warning
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What is the name of your state (only U.S. law)? Florida
I was accused by a family member for trespassing although she had never told me I was not welcomed. Her father died recently and I had two articles that were being stored at his home. She agreed to bring the items to me. Several days went by and I called her to return the property. Her husband told me that he needed to go down to the decendants home and retrieve the items. I went down to the house and waited for him to come. I sat in my truck. He never showed up so I sent a txt message to her stating that he didn't show up. She immediately accused me of stealing property and I found out that he in fact had the items in his vehicle and lied to me about getting them from the decendants home. The short of this story is that she filed a trespass warning on me. I felt I had done nothing wrong as I had not been preciously warned I could not go there. After that, I was home and two law enforcement officers came to my home and served a trespass warning on me. I told them the situation, I even told them that the person who asked for the warning was not the owner of the home and that probate had not begun. The officer told me that she was the heir and that she had begun the probate, which was not correct (this person who requested is in fact my daughter) I was married to her father but we were divorced. I claimed nothing was mine except the two items he was storing for me. If she felt I was a thief, why had I kept her children (my grand children) all night the day before? Anyway, two days later I realized that she could not be the rightful owner of the home and property because there was no will, she had not filed as authorized representative, so how could she file a trespass warning when she did not own the property? I live in a small town with less than 5,000 people and I am sure that the news had spread. I went down to the police department just as soon as I realized that she could not serve the trespass warning. I spoke to the police chief and he gave me a copy of the warning and thats when I saw that it was my daughter who filed the complaint. When I asked the chief how they could serve me the t. warning, he said that the will had probably stipulated that all the property and the home was her's. I replied that there was in fact no will and she had not started the probate process or was she the authorized representative. His eyes got big as saucers and he said he did not know how she could do it. He immediately called a lawyer and was told by this lawyer that in fact she COULD NOT file a trespass warning as she was not the legal owner and until she was, any family member could move into the home and she could not evict them. Now granted, there had been some items missing but it was not me! in fact, the whole town new he was dead and anyone could have stolen the property as the house was vacant. Then police chief immediately called in his Sargeant (one of the officers who had come to my home to serve the warning) and explained to him that he was to rescind the warning as it was not legal. He was also told to write a report stating why. But the damage is done. I have been ridiculed and possibly my name has been associated as a thief to my own daughter. So now the warning has been rescinded but now she refuses to return my property and in fact she has a key to my home and refuses to give it back. My question is can I sue the police department for this slander? the reason is because I am sure no one knows that it had to be rescinded, only the juicy parts are important to the friends, neighbors, etc. I feel humilated, embarassed that my daughter would do that and alienated by what has happened. I do not know if I have this question in the right thread because there are several areas that it might qualify for.
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What is the name of your state (only U.S. law)? Florida
I was accused by a family member for trespassing although she had never told me I was not welcomed. Her father died recently and I had two articles that were being stored at his home. She agreed to bring the items to me. Several days went by and I called her to return the property. Her husband told me that he needed to go down to the decendants home and retrieve the items. I went down to the house and waited for him to come. I sat in my truck. He never showed up so I sent a txt message to her stating that he didn't show up. She immediately accused me of stealing property and I found out that he in fact had the items in his vehicle and lied to me about getting them from the decendants home. The short of this story is that she filed a trespass warning on me. I felt I had done nothing wrong as I had not been preciously warned I could not go there. After that, I was home and two law enforcement officers came to my home and served a trespass warning on me. I told them the situation, I even told them that the person who asked for the warning was not the owner of the home and that probate had not begun. The officer told me that she was the heir and that she had begun the probate, which was not correct (this person who requested is in fact my daughter) I was married to her father but we were divorced. I claimed nothing was mine except the two items he was storing for me. If she felt I was a thief, why had I kept her children (my grand children) all night the day before? Anyway, two days later I realized that she could not be the rightful owner of the home and property because there was no will, she had not filed as authorized representative, so how could she file a trespass warning when she did not own the property? I live in a small town with less than 5,000 people and I am sure that the news had spread. I went down to the police department just as soon as I realized that she could not serve the trespass warning. I spoke to the police chief and he gave me a copy of the warning and thats when I saw that it was my daughter who filed the complaint. When I asked the chief how they could serve me the t. warning, he said that the will had probably stipulated that all the property and the home was her's. I replied that there was in fact no will and she had not started the probate process or was she the authorized representative. His eyes got big as saucers and he said he did not know how she could do it. He immediately called a lawyer and was told by this lawyer that in fact she COULD NOT file a trespass warning as she was not the legal owner and until she was, any family member could move into the home and she could not evict them. Now granted, there had been some items missing but it was not me! in fact, the whole town new he was dead and anyone could have stolen the property as the house was vacant. Then police chief immediately called in his Sargeant (one of the officers who had come to my home to serve the warning) and explained to him that he was to rescind the warning as it was not legal. He was also told to write a report stating why. But the damage is done. I have been ridiculed and possibly my name has been associated as a thief to my own daughter. So now the warning has been rescinded but now she refuses to return my property and in fact she has a key to my home and refuses to give it back. My question is can I sue the police department for this slander? the reason is because I am sure no one knows that it had to be rescinded, only the juicy parts are important to the friends, neighbors, etc. I feel humilated, embarassed that my daughter would do that and alienated by what has happened. I do not know if I have this question in the right thread because there are several areas that it might qualify for.
