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Do I have a Valid Case?

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taylorpanthsar

Guest
What is the name of your state? New York

Brief Overview of my situation.... my 2 year old son and I (21 yrs.) moved to my Uncle's house August 31 to get on our feet. My uncle stated Rent - $ - ect was not to be worried about. However... I did buy ALL of my son and I's own food and proceded to give my Uncle money for bills, ect. In the 2nd week of October I moved out against my Uncle's Wishes. I had to arrange to retrieve my belongings 3 weeks later.....
Not only did I NEVER agree to allow him to keep my computer and many other belongings..... he had the nerve to refuse t return them.... in desperation I wrote a letter and pleaded their return ffering money for my time spent there. It's been 2 months and my belongings are still there and he refuses to return them.....

The Main reason he wont return them is he is angry with my leaving.... what can I do to get my belongings back? My Xbox is registered through Microsoft in my name as well as my other belongings.....

Do I even have a case?
 


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nicolia

Guest
You do have a case. Your Uncle cannot hold your belongings. He would have to sue you in court to claim them.

You can simply call the police and have them meet you at his house and facilitate the return.

I'd have a witness or two there with you as back-up that the items are actually yours.
 
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hexeliebe

Guest
You can simply call the police and have them meet you at his house and facilitate the return.
The police will NOT become involved with a civil dispute. Because you left without taking your belongings with you there is only one legal option that you have.

First, write a Certified (RRR) letter to your uncle demanding the return of the items and list them specifically, including serial numbers if you have them. Give him 14 days to reply or to make plans to return the items. Also, inform him that if such is not accomplished in the prescribed 14 days, you will have no alternative but to file in Small Claims court for 1. the return of the items including court costs or; 2. replacement costs for the items being held by him.

If the items are not returned in the prescribed time, file suit in small claims court to recover the items.
 
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taylorpanthsar

Guest
RRR Letter?

What is a certified RRR Letter and is there a site can referance to about it? I am trying to track down the serial #s and registration information on m electronics.... will that weaken my case? My fiance is the only one that can verify they belong to me along with the fact that my Uncle refused t return them.

Thanks.
 
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hexeliebe

Guest
A letter that you take to the post office, send it certified mail Return receipt required, which means the person getting the mail must sign for it to acknowledge it's receipt.

You will have a weaker case without proof of ownership but having a witness will help. First send the letter. Then, keep tracking down the serial numbers. Then, if no answer, file and let Uncle explain to the judge why he's keeping your things.
 

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