Collecting posessions, or Theft?

[Firebird982002]

What is the name of your state? Texas


My situation is that I have had a recent breakup with my girlfriend. I was living in her apartment (for only a few months) under the only stipulation being that I pay the electricity bill. The owner made a remark that since I only had to pay the bill, she insisted that I should leave some of my belongings behind for them to keep. I have moved out now, and have taken most of my belongings. I was asked to house sit, and given a key. While they were out on vacation, I took the most of the remaining items (all of which I have a receipt for, which has my name and credit card numbers on) under the advice of the local Lieutenant of the Police Dept. I also have had an eyewitness to the apartment owner giving me permission to house sit, and enter the house on a regular basis to feed a pet within the apartment. The problem is that the apartment owner is claiming that I was not allowed to collect my belongings, because they were a gift from me, which isn't true. She just believes I should compensate her for the rent, so she is trying to get whatever possessions of mine that she can. My questions are, now that they have filed a suit against me, do I need to hire a lawyer, did I have a right to collect my belongings, and has the apartment owner found a loophole by claiming that these items were gifts?
Thank you

 

[JETX]

"now that they have filed a suit against me, do I need to hire a lawyer,"
*** Depends. Is this a small claims action?? If so, that court is created so that you can state your case without an attorney.

"did I have a right to collect my belongings,"
*** Probably not. The problem here is that you claim that they were yours, and the 'apartment owner' claims that they are hers..... and given by you as gifts.

"and has the apartment owner found a loophole by claiming that these items were gifts?"
*** Loophole for what??

Personally, I think that there is a HUGE part of your story that is simply unbelievable. You claim that this 'apartment owner' (I assume you really mean tenant), apparently forced you to leave property behind (implying that this was not a 'friendly' break-up). Yet, this person supposedly left you with a key and access. You then decided to 'help yourself' to the property that you were 'forced' to leave behind!!!

 

[Firebird982002]

The fact is that those items were not hers. I have reciepts to prove that I have purchased them.

The break-up was friendly, that is why I was asked to watch over the place on their vacation, so they gave me a key ect. They felt that I had owed them money, so they assumed possesion, without my approval.

By loophole, I mean , can they get away with my property that I have purchased under my name, by simply lying and stating that they were a gift from me?

I hope this clears some things up.

Thanks, for the help

 

[Firebird982002]

I am the original poster. I just would like to let those interested know that the case was expunged. It is in fact legal to do as you wish with your belongings, place them where you like and retrieve them in a legal manner, regardless if it is on public or private property.

 

[JETX]

" I just would like to let those interested know that the case was expunged."
*** Civil actions are not expunged. I think you mean dismissed.

"It is in fact legal to do as you wish with your belongings, place them where you like and retrieve them in a legal manner, regardless if it is on public or private property."
*** Well, yes and no. If you abandon your property on my property, then depending on the circumstances, I can recover it and dispose as I wish.

Also, if you were able to resolve this in your favor, congratulations. However, don't feel that the response I gave was incorrect. Based on the information in your post, there was a clear legal argument as to who owned the property. You claimed the property was yours and she claimed the property was hers. You were obviously able to resolve this issue..... and had the case dismissed.