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Abandonment Property/Contract & Out of State

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1

1LuckyLady

Guest
What is the name of your state? CA

DV incident 10/2/03 my ex fia. split with just clothes on his back. gave no warning/verbal dir./written dir. about his crap he left & has history of this. Last time, I took his stuff to his atty. 12/02.sat til 6/03.got free storage til we reunited. No attynow. Extradition poss. I attempt call/hung up; wrote ltr/sent backcert./refused. I called his hometown PD & asked to del. msg. regard pers prop. he has til 11/7/03; I have Ofc. N/ID#/date/time I called. He agreed to del. verbal notice. He wiped me out $3k this mo plus $14K last yr.

Questions:
1) without dir./notice of vacating; am I responsible for his crap?

2) Can I sue him for expenses (stated in signed lease contract signed joint) I incurred from last aband.? He was joint on contract

3) Is it true his Army VA Ret. Dir.Dep CAN'T be touched by anyone he owes or is being sued by?

4) He took remote keys & pers. files How do I sue for ret. of my pers prop or is this theft?
 
Last edited:


JETX

Senior Member
"1) without dir./notice of vacating; am I responsible for his crap?"
*** Yes. And you must comply with your state laws as to handling abandoned property.

"2) Can I sue him for expenses (stated in signed lease contract signed joint) I incurred from last aband.? He was joint on contract"
*** You can sue him for anything you want. However, you would only have a CHANCE of recovering your 'damages' that he causes you. For example, if there is no rent increase for the 'storage', you haven't been damaged.

"3) Is it true his Army VA Ret. Dir.Dep CAN'T be touched by anyone he owes or is being sued by?"
*** Without a court order, correct.

"4) He took remote keys & pers. files How do I sue for ret. of my pers prop or is this theft?"
*** Assuming you gave him the remote and keys, that isn't theft. As for files, that would depend on FULL facts.
 
1

1LuckyLady

Guest
Thanks for your help.
Regarding #2: We jointly agreed through discussion and mutual consideration of facts of both incomes before we leased this unit. My income is only $1800/month and his is $2300/month. I was doing just fine at my previous place but he convinced me to move and guaranteed me "we won't have any problems with both our incomes combined". I had to provide credit because we would have been denied as his has many outstanding debts; and a recent Civil Warrant for $5k from Texas.

#3: I have all documentation from past 3 years showing what he actually paid; so should this go to court and a judge favors and grants a "win"; THEN can his VA be used to make restitution to my sis?

#4: The keys were taken by force, part of the Domestic Violence act that took place 10/2/03. Those were HER personal keys not his and she did NOT give them to him because he already had his own set. The files; personal papers; legal documentation and her car files were taken by him without consent and while she was in school. That IS THEFT isn't it?
Thanks again
 

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