barbiplease
Junior Member
What is the name of your state? Georgia
Ex-Fiance's Ex-Wife Took Everything
I moved out of my ex-fiance's ("Chad's") apartment and moved back in with my parents in South Georgia, a four and 1/2 hour drive from Chad's apartment, in October 2003. Because Chad did not have any furniture of his own and several months to go before his lease was to expire at his apartment--as well as four children who had visitations with him on the weekends--I allowed him to borrow all of my furniture at no charge in return for keeping them safely secured and until all of the following conditions could be met: a) he no longer needed to borrow them; b) until my return for them and c) until my financial situation would permit me to return for them. This verbal agreement was later reaffirmed in writing. It was a housefull of very expensive, high end furniture less than four years old with an estimated current value of $7,850.
Chad subsequently left his apartment and moved into his ex-wife's ("Marie's") house and placed my property in storage in her garage beginning approximately March or April 2004. Marie permitted Chad to move into her residence for purposes of mutual convenience and mutual necessities. For Chad, his need for shelter and storage during his period of financial difficulty; for Marie, a need for Chad to better assist her with child support money and child care that granting him free shelter and storage might provide.
Marie subsequently kicked Chad out of her house without notice on August 1, 2004, and would not permit him back onto her premises to recover my personal property. She then placed a "For Sale" sign on my furniture in her garage and sold them, but kept my most expensive and cherished items--a $3500 solid oak 3-piece entertainment center and a $500 matching round coffee table--in her living room.
It was not until October 2004 that I learned from Chad that Marie had kicked him out without giving him the opportunity to retrieve my belongings, in spite of his best efforts to do so and even filing a police report. Chad then gave me her number and I immediately called her and very politefully tried to arrange for a date and time for me to pick up the remainder of my personal property. It would be important for me to make advance arrangements to recover my property because I lived five hours away from her residence. But when I tried to do so she replied to me nonchalantly that most of them were "gone" or "given away" (she later conceded to selling them in a garage sale). My most cherished items, however--the entertainment center and the coffee table--were still in her living room, but she informed me during this telephone conversation that she would not be permitting me onto her premises in order to collect these items.
I followed up with a letter letter dated Feb 1 sent via regular and certified mail informing her that I would arrive with movers and law enforcement on her premises on April 17, 2005, at 5 PM, in order to collect my belongings and to present her with a bill for any of my personal property that could not be accounted for, and that if she could not be present at the appointed time and date that she must contact me within 10 days of the date of this letter in order to reschedule this appointment. In response to this letter, Marie called me on Feb 3 and told me that she intends to move out of her residence on Feb 19 and would be leaving the remainder of my personal property on the curbside on that date.
I therefore followed up with another letter dated on the same day of this conversation, Feb 3, to inform her that on Feb 19, 2005, at 10 AM, I would arrive on her curbside with movers and law enforcement in order to collect these items, and that if her final decision on the matter should change that she still had until Feb 11 (the remainder of the 10-day period) to contact me in order to notify me of the change. In response to this letter, Marie called me on Feb 5 and spoke with my current fiance and told him that she intends to dispose the remainder of my property on the curbside that evening for the trash collectors to pick up the following Monday, and that she intends to countersue me for abandonment.
Needless to say, it would be impossible for me to make arrangements to rent a truck and hire movers on such a short notice (that evening, Feb 5), so I wrote her another letter on Feb 5 asking her if her most recent decision to dispose my property on the curbside that evening was final so that I could go ahead and file a lawsuit against her for monetary compensation for the loss of my property. In response to this letter, Marie called me on Feb 10 and told me that she would not be handing over my property unless I agreed to pay her the bill she would be sending me for storage fees of my personal property, and unless I could pay this bill as well as sign other forms she is sending me via certified mail that I am still awaiting. I replied to her that I would look over the paperwork, and that if I find it necessary to do so that I would fill them out and send them back to her. After thinking over her plans to withold my property until this "storage" bill was paid and until these other "forms" were signed and returned to her, I called her the next day--Feb 11--and left her a message, telling her that any disputes she may have or bill she may intend to send me will have to be taken up with the Small Claims court--but that I nevertheless will still need to pick up the remainder of my furniture.
She did not call me back, but I cannot continue to keep delaying filing civil suit because I feel that she is using these delay tactics in order to move without being held accountable for my loss. If this occurs, I will not be able to sue her nor get the remainder of my property back because I will not have the physical address of her new residence. In any event, she has ben given the 10-day period to resolve the issue and still has not resolved it. I have advised her in every letter that she has until Feb 11 to resolve the issue before I take legal action.
On Feb 12 I filed electronically with the Magistrate Court of the county of her current residence in order to sue her for monetary compensation for the full amount that is due, $7,850. Incidentally, I have receipts, photographs, and bank statements from professional movers showing my proof of ownership of the property in question. I also have the verbal agreement with her ex-husband, Chad, that has been reaffirmed in writing and signed by him. He told me that he intends to testify on my behalf during the trial(s) and or hearing(s), because as of this date she has still not allowed him to retrieve his own personal belongings in her residence--let alone mine.
So I guess my question is--considering the fact that the breach of contract was committed by Chad for the fact that he was not able to fulfill his obligations under the terms of this contract, can I still hold Marie liable for my loss? Without Chad as my witness, I really have no case at all. I also told him that if he could testify on my behalf that I would not hold him liable. After all, I do feel that he tried very diligently to recover my personal property (even filing a police report), but he was not able to do so because Marie had prevented him from doing so by not letting him onto her premises to collect my personal property. I'm also concerned that she is planning to sue me for "abandonment", and the fact that she will no longer be a resident of the county in which I am filing suit. Are there any other snags in my case that I should be aware of? I want to make sure that I have dotted my "I's" and crossed my "t's" so that I won't have any unpleasant surprises.
Thank you.
barbiplease
Ex-Fiance's Ex-Wife Took Everything
I moved out of my ex-fiance's ("Chad's") apartment and moved back in with my parents in South Georgia, a four and 1/2 hour drive from Chad's apartment, in October 2003. Because Chad did not have any furniture of his own and several months to go before his lease was to expire at his apartment--as well as four children who had visitations with him on the weekends--I allowed him to borrow all of my furniture at no charge in return for keeping them safely secured and until all of the following conditions could be met: a) he no longer needed to borrow them; b) until my return for them and c) until my financial situation would permit me to return for them. This verbal agreement was later reaffirmed in writing. It was a housefull of very expensive, high end furniture less than four years old with an estimated current value of $7,850.
Chad subsequently left his apartment and moved into his ex-wife's ("Marie's") house and placed my property in storage in her garage beginning approximately March or April 2004. Marie permitted Chad to move into her residence for purposes of mutual convenience and mutual necessities. For Chad, his need for shelter and storage during his period of financial difficulty; for Marie, a need for Chad to better assist her with child support money and child care that granting him free shelter and storage might provide.
Marie subsequently kicked Chad out of her house without notice on August 1, 2004, and would not permit him back onto her premises to recover my personal property. She then placed a "For Sale" sign on my furniture in her garage and sold them, but kept my most expensive and cherished items--a $3500 solid oak 3-piece entertainment center and a $500 matching round coffee table--in her living room.
It was not until October 2004 that I learned from Chad that Marie had kicked him out without giving him the opportunity to retrieve my belongings, in spite of his best efforts to do so and even filing a police report. Chad then gave me her number and I immediately called her and very politefully tried to arrange for a date and time for me to pick up the remainder of my personal property. It would be important for me to make advance arrangements to recover my property because I lived five hours away from her residence. But when I tried to do so she replied to me nonchalantly that most of them were "gone" or "given away" (she later conceded to selling them in a garage sale). My most cherished items, however--the entertainment center and the coffee table--were still in her living room, but she informed me during this telephone conversation that she would not be permitting me onto her premises in order to collect these items.
I followed up with a letter letter dated Feb 1 sent via regular and certified mail informing her that I would arrive with movers and law enforcement on her premises on April 17, 2005, at 5 PM, in order to collect my belongings and to present her with a bill for any of my personal property that could not be accounted for, and that if she could not be present at the appointed time and date that she must contact me within 10 days of the date of this letter in order to reschedule this appointment. In response to this letter, Marie called me on Feb 3 and told me that she intends to move out of her residence on Feb 19 and would be leaving the remainder of my personal property on the curbside on that date.
I therefore followed up with another letter dated on the same day of this conversation, Feb 3, to inform her that on Feb 19, 2005, at 10 AM, I would arrive on her curbside with movers and law enforcement in order to collect these items, and that if her final decision on the matter should change that she still had until Feb 11 (the remainder of the 10-day period) to contact me in order to notify me of the change. In response to this letter, Marie called me on Feb 5 and spoke with my current fiance and told him that she intends to dispose the remainder of my property on the curbside that evening for the trash collectors to pick up the following Monday, and that she intends to countersue me for abandonment.
Needless to say, it would be impossible for me to make arrangements to rent a truck and hire movers on such a short notice (that evening, Feb 5), so I wrote her another letter on Feb 5 asking her if her most recent decision to dispose my property on the curbside that evening was final so that I could go ahead and file a lawsuit against her for monetary compensation for the loss of my property. In response to this letter, Marie called me on Feb 10 and told me that she would not be handing over my property unless I agreed to pay her the bill she would be sending me for storage fees of my personal property, and unless I could pay this bill as well as sign other forms she is sending me via certified mail that I am still awaiting. I replied to her that I would look over the paperwork, and that if I find it necessary to do so that I would fill them out and send them back to her. After thinking over her plans to withold my property until this "storage" bill was paid and until these other "forms" were signed and returned to her, I called her the next day--Feb 11--and left her a message, telling her that any disputes she may have or bill she may intend to send me will have to be taken up with the Small Claims court--but that I nevertheless will still need to pick up the remainder of my furniture.
She did not call me back, but I cannot continue to keep delaying filing civil suit because I feel that she is using these delay tactics in order to move without being held accountable for my loss. If this occurs, I will not be able to sue her nor get the remainder of my property back because I will not have the physical address of her new residence. In any event, she has ben given the 10-day period to resolve the issue and still has not resolved it. I have advised her in every letter that she has until Feb 11 to resolve the issue before I take legal action.
On Feb 12 I filed electronically with the Magistrate Court of the county of her current residence in order to sue her for monetary compensation for the full amount that is due, $7,850. Incidentally, I have receipts, photographs, and bank statements from professional movers showing my proof of ownership of the property in question. I also have the verbal agreement with her ex-husband, Chad, that has been reaffirmed in writing and signed by him. He told me that he intends to testify on my behalf during the trial(s) and or hearing(s), because as of this date she has still not allowed him to retrieve his own personal belongings in her residence--let alone mine.
So I guess my question is--considering the fact that the breach of contract was committed by Chad for the fact that he was not able to fulfill his obligations under the terms of this contract, can I still hold Marie liable for my loss? Without Chad as my witness, I really have no case at all. I also told him that if he could testify on my behalf that I would not hold him liable. After all, I do feel that he tried very diligently to recover my personal property (even filing a police report), but he was not able to do so because Marie had prevented him from doing so by not letting him onto her premises to collect my personal property. I'm also concerned that she is planning to sue me for "abandonment", and the fact that she will no longer be a resident of the county in which I am filing suit. Are there any other snags in my case that I should be aware of? I want to make sure that I have dotted my "I's" and crossed my "t's" so that I won't have any unpleasant surprises.
Thank you.
barbiplease
