Holding some else's property in lieu of alleged money owed.

[Remludar]

What is the name of your state? TN

I lived with a woman for about 3 months. I have a checking account in my name only. She would deposit her checks into my account, and we would pay rent, bills, ect from that account. While I was at work... she took one of my check cards, withdrew the daily maxiumum from an ATM ($400), altered a rent check I had written from $595 to $900 and deposited it into her checking account, changed the locks on the doors, and has kept all of my possesions alleging that I now owe her $3500 in money that she deposited into my account.

In short... can she hold my things even if I did owe her money?

and... can I submit legally that any money she deposits into my checking account then becomes soley my money?

PS Rough estimate of value of items I'm trying to retrieve... $2000.



Thank you.

 

[BL]

Get a copy of the canceled CK. Showing the changed amount.

File a Small claims action.
Do you have receipts for your possessions ?


For personal property such as cloths etc., get the assistance of a Police Officer.

With a Joint account and 3 mos. living together any other property might be viewed as community property.You might get 1/2 back in small claims. You have to provide proof !!

Get proof of anything else bank statements,rent receipts,pay stubs,etc.

Close the account !! and open a new one for yourself !!

 

[JETX]

" lived with a woman for about 3 months. I have a checking account in my name only. She would deposit her checks into my account, and we would pay rent, bills, ect from that account. While I was at work... she took one of my check cards, withdrew the daily maxiumum from an ATM ($400),"
*** How did she get the PIN?? If you gave her the PIN for some reason, you have given her access to the ATM account and have no cause of action for that amount.

"altered a rent check I had written from $595 to $900"
*** How did she 'alter' it?? Converting those numbers is not easy to do (especially considering the text portion) and would normally require what is called 'bleaching' or 'washing'.... which is beyond the 'normal' ability. So, how EXACTLY did she 'alter' the check?

"and deposited it into her checking account, changed the locks on the doors, and has kept all of my possesions alleging that I now owe her $3500 in money that she deposited into my account. In short... can she hold my things even if I did owe her money?"
*** Of course she can.... she's doing it isn't she?? The question becomes what are you willing to do to try to recover your propety?? You can consider filing a small claims action against her to try to recover the VALUE of the property being improperly held. Small claims courts only hear monetary damages and normally can't order the return of the property. If you decide to do this, she may file a counter-claim as to her claim against you.

"and... can I submit legally that any money she deposits into my checking account then becomes soley my money?"
*** No. Again, that is a separate issue..... and claim.

"PS Rough estimate of value of items I'm trying to retrieve... $2000."
*** So, claim the maximum amount allowed by the court and hopefully it will be worth more for her to return the items than the threat of a money judgment.

 

[Ladynred]

TN is not a community property state. Its separate property all the way !