Want my things back from my ex live in boyfriend

[WantMYthings]

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

Hi,

I was with a man for 2 years who I lived with until last summer. The break up was a mess, as he had just changed the locks (he owned the condo) and put my belongings into a storage unit and handed me the key. He and I had gone to several sports shows together getting autographs from baseball players and he didn't return all of my possessions. What I didn't get back is:

An autographed baseball and cd. This item we went to Newbury Comics and had to purchase the players music cd and he autographed at no charge. I have photos of the player and I, along with the photo of him signing it. I think I have the credit card slip from the cd purchase and the baseball I had paid cash for.

Another autograph is a baseball that was signed at a sports restaurant who had the player come there and sign free autographs for people who had gone to teh restaurant in teh weeks prior to recieve a ticket. My dad went to teh restaurant since he lived nearby and got the ticket for me.

One autograph is a signed football that I got on my own when he wasn't even present. I was with a friend and bought the football w/ a credit card and have pictures of him signing the football and of him and I on the day.

One item is a framed autograph I purchased at an event from a vendor. I have the credit card receipt for it.

One item is an autograph that I have the Certificate of Authenticity for as well as a picture of the player and I, and a picture of him signing the autograph.

I have emailed him and refuses to give these items back to me.

Also, where he owned the condo, I wasn't a tenant or on a lease or anythign like that. I did give him money on a weekly basis that we had discussed, by never had in writing, would be money towards my co-owning the condo when we would get married. I had hiim give me a receipt of all the money I gave him... It was to go into an account in the bank. I never got any money back. When I siad to him I would ike to then claim that as rent on my taxes I have from him in writing that I never paid rent, so I'd like to get back the money I had him hold onto. The receipts are the blank variety that can be bought at staples by anyone and he would write down teh date, the amount of money and initial the bottom. There was a box that he could have checked off to indicicate it was "for rent", but he never did. Am I able to get my money back?

Any suggestions would be great!!!
New to this site, so dont know if I should check back or leave my email address, so I'll check tomorrow and find out...

Thanks for your time.

 

[Ohiogal]

An autographed baseball and cd. This item we went to Newbury Comics and had to purchase the players music cd and he autographed at no charge. I have photos of the player and I, along with the photo of him signing it. I think I have the credit card slip from the cd purchase and the baseball I had paid cash for.

Another autograph is a baseball that was signed at a sports restaurant who had the player come there and sign free autographs for people who had gone to teh restaurant in teh weeks prior to recieve a ticket. My dad went to teh restaurant since he lived nearby and got the ticket for me.

One autograph is a signed football that I got on my own when he wasn't even present. I was with a friend and bought the football w/ a credit card and have pictures of him signing the football and of him and I on the day.

One item is a framed autograph I purchased at an event from a vendor. I have the credit card receipt for it.

One item is an autograph that I have the Certificate of Authenticity for as well as a picture of the player and I, and a picture of him signing the autograph.

I have emailed him and refuses to give these items back to me.

Prove that they were not gifts to him. Why didn't you take them with you?

Also, where he owned the condo, I wasn't a tenant or on a lease or anythign like that. I did give him money on a weekly basis that we had discussed, by never had in writing, would be money towards my co-owning the condo when we would get married. I had hiim give me a receipt of all the money I gave him... It was to go into an account in the bank.

Where is the contract you signed stating that?

I never got any money back. When I siad to him I would ike to then claim that as rent on my taxes I have from him in writing that I never paid rent, so I'd like to get back the money I had him hold onto.

You wanted to claim it as rent? Rent is NOT tax deductible though it can be income if you are collecting it on a property you own. You contributed to the household. YOu lived there, you got the benefit of living there and if you get the money back, you expected to live there for free?

The receipts are the blank variety that can be bought at staples by anyone and he would write down teh date, the amount of money and initial the bottom. There was a box that he could have checked off to indicicate it was "for rent", but he never did. Am I able to get my money back?

Most likely almost definitely not.

 

[WantMYthings]

Prove that they were not gifts to him. Why didn't you take them with you?

How do I do that?? He has nothing that would ever indicate that they were gifts at all?

What I meant about "claiming rent" is that I was going to put that down on the tax form when they ask how much you paid as rent in the previous year. That is not my concern though.. I want my things back.

I didn't take them, because he went behind my back when I was away for a weekend and packed my things and moved them into a storage unit and would not let me back to see what was left behind.... It wasn't by choice.

How do I go about getting them back? Small claims court? I have asked him and he will not cooperate.

 

[seniorjudge]

Yes, sue in small claims court.

Fair warning: This is an extremely common kind of case in small claims courts all over the country; judges are exceptionally hard to convince under the circumstances you outline.

 

[WantMYthings]

What typically happens in these types of cases in small claims courts? Is it worth my pursuing? Is it a 50/50 chance would you guess?

Thanks again.

 

[Ohiogal]

What typically happens in these types of cases in small claims courts? Is it worth my pursuing? Is it a 50/50 chance would you guess?

Thanks again.

It is always 50/50 but I would guess that the judge might side with your ex due to your lack of proof.

 

[LdiJ]

It is always 50/50 but I would guess that the judge might side with your ex due to your lack of proof.

I don't know if I agree. It sounds like she has some evidence that they are her property.

Also OG, many states give a renter's deduction on the state tax returns...just FYI.

 

[Ohiogal]

I don't know if I agree. It sounds like she has some evidence that they are her property.

Also OG, many states give a renter's deduction on the state tax returns...just FYI.

This is why I don't do tax law. ARrrgh. Like I said -- it could go either way. But what is the argument that they are not gifts to him. That is the turning point and what she is going to have show. Because that will be his argument.

 

[TinkerBelleLuvr]

You should have fought the "unlawful" eviction in the summer.

As for the argument, she wasn't given the opportunity to collect her items. He just decided what they were. If she had moved and packed herself, I can see him using the "gift" angle. But, the man was stupid and packed for her.


WAntmythings,

Can you prove that you paid for the items?

 

[WantMYthings]

I can prove that I paid for most of the items. I mean the Kevin Youkilis autograph signing was free, but you had to go to the restaurant weeks ahead and get a ticket, my dad went and got me the ticket since it was near his house. I have receipts, photos of me and the baseball players with them signging the autograph items and/or certificate of authenticity. I can also hunt down emails and I have the card he gave when he left me the key to my things and he had hacked into my phone, email and printed out several emails, proving he is untrustworthy to begin with. In one of the emails he threatens to take my cat if I don't just let it go quietly.

A also never got back a silver watch, and cash in the house, but how the heck do I prove that??

What do you mean should have sued for the unlawful conviction? (I mean eviction... lol)

 

[seniorjudge]

...

What do you mean should have sued for the unlawful conviction?

...

It was unlawful eviction.

Include everything in the small claims suit.

We don't know if you'll win; we're just pointing out how difficult it will be.

 

[TinkerBelleLuvr]

I meant EVICTION. My bad.

You have a stronger case because he UNLAWFULLY evicted you. He needed to have gone thru an eviction process, with giving you notice, etc.

I would fight any angle of "gift" because you weren't there to go thru things in equitably dividing them - he just "chose" which items to put into storage.

 

[WantMYthings]

Thanks for your help.

I did some research and realized that what he did was TOTALLY illegal!! I didn't even get 10 minutes notice. IS there a statute of limitations? What should I Sue for? Just my belongongs, or can I sue for unlawful eviction?

Also if I sue and win for the illegal eviction, what is the benefit of that to me???

Thanks