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civil action

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J

jfoose

Guest
What is the name of your state? nj
back in march of 2003 i lost my job of 27 years, my wife made plans on leaving me. on aug 23,2003 the day of our sons wedding my wife had her two girl friends, along with a moving van come into our home and take everything that was of value to her new apartment. since that time i have been under the care of a therapist for emotional stress, depression and have been unable to work. i cannot bear coming home to a empty home. nor can i live here. the police said i could not file charges against these people because my wife gave them access to our home. can i file a civil case against these people for pain and suffering, emotional stress, depression and the like?
 


I AM ALWAYS LIABLE

Senior Member
jfoose said:
What is the name of your state? nj
back in march of 2003 i lost my job of 27 years, my wife made plans on leaving me. on aug 23,2003 the day of our sons wedding my wife had her two girl friends, along with a moving van come into our home and take everything that was of value to her new apartment. since that time i have been under the care of a therapist for emotional stress, depression and have been unable to work. i cannot bear coming home to a empty home. nor can i live here. the police said i could not file charges against these people because my wife gave them access to our home. can i file a civil case against these people for pain and suffering, emotional stress, depression and the like?

My response:

No, you can't. The same reasoning applies as the police told you; i.e., they had your wife's permission to come onto the property. They also were told by your wife what to take, and what not to take. The other people were merely your wife's "agents" - - as if your wife was the one doing the actual removal of the personal property.

Also, even if you could sue them, what would be your cause of action? Emotional distress, on it's own, is NOT a cause of action. There must be ANOTHER tort that "causes" the emotional distress; e.g., trespass, conversion, or some other cause of action. Then, and only then, could you ask for damages based upon "emotional distress".

But, the sad fact is that you don't have a cause of action against the people your wife gave permission to, to do her "dirty work"; i.e., they were not in a position to "question" your wife's motives for taking the personal property. All they needed to know, and to have, was your wife's permission to do what they did for your wife.

IAAL
 
B

blink401

Guest
But...

... he can sue his wife or get his share back during the divorce right?
 

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