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Property Abandonment laws

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CMSC

Senior Member
What is the name of your state (only U.S. law)? Nebraska


My boyfriends ex roommate moved out 8 months ago and left behind boxes of belongings. He has made several attempts to get her to move out her stuff, she refuses to do so when he is available (he works M-Fri 8-4 and is free anytime other than that). She had her mother come down one weekend and obtain some things but still has about 10 boxes left. He has all documentation of the arrangements he has tried to make to get her to remove her stuff.

She is suing him in small claims court now for the return of the belongings or $8,000 (small claims in Nebraska only allows for $2700).

So the two questions are; Can it be thrown out because her requested amount is higher? and Is leaving the stuff there for that long considered abandonment by law?
 


CMSC

Senior Member
Ok that's understood. But she refuses to come get it. So if she refuses what are the property abandonment laws in NE. He's tried and tried to get her to come get the stuff.
 

seniorjudge

Senior Member
Ok that's understood. But she refuses to come get it. So if she refuses what are the property abandonment laws in NE. He's tried and tried to get her to come get the stuff.
When he goes to court, have him tell the judge, "It's in the truck outside. She can pick it up right now."
 

CMSC

Senior Member
An update: My friend went to court, the judge told her to get her stuff out and stop harassing my friend. Her mother showed up, got the stuff and started complaining about a full size mattress. She called the cops and they told her it wasn't there issue, if she didn't like what she had gotten she could take him back to court. There were two full size mattresses, he had not clue which one was hers so he put one outside for her to haul off, she complained she wanted the other one (they are the EXACT same mattress!) so he hauled it out. The next day, the mattress was cut up and thrown by the dumpster along with boxes of her stuff. The neighbors witnessed her coming back that night, after telling the cops he wouldn't give her the mattress, and dumping it.

So she took him back to court saying he didn't return a blender and some hallmark ornaments. My friend said he went thru his own box of christmas items and found a few ornaments that weren't his and the blender was in the cupboard (she never packed it because it wasn't hers AND she testified to this in court!) and she could have it. He said he would send a written judgement after looking over the facts. He awarded her $500 for the ornaments and $100for the blender.

This woman moved out over 8 months ago and the judge is expecting my friend to go thru every box, nook and cranny in that house looking for her stuff or pay the $600 judgement. When does it end? The stuff isn't there other than what he found and told the judge she could have! We have witnesses that the rest of the ornaments are in storage. I was there when her own mother said they may be in storage. But the judge didn't listen.

So now what? Can she garnish the amount from his checks? He doesn't have $600 to pay her and offered to give her what he had found. She and the judge both admitted to having numerous conversations outside of the courtroom about this...is that legal?
 

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