This is a slightly complex situation but i will try my best to simplify it.
The basics first, I reside in WV, I have lived at the property i am currently residing for over a year. Now, My ex and me, split up about 3 months ago. About a month and a half ago, after our separation (Mind you we were not married), my ex smashed my car windshield. She admitted her guilt to the police, and the police urged me to resolve it between the two of us, (I assume to not deal with the paperwork). We came to an agreement that she would pay me the 380$ Required to fix my windshield and after she had paid me in full, she would pick up the rest of her things that she had left at my apartment after the breakup. She ended up attempting to change the agreement to paying in 100$ installments. Of which at this point she has not paid one. Her first payment was due Dec 1st. She claimed she could not pay due to Christmas. After continuing to argue with her, i came to decision to move forward with pressing charges for the damages to my car. However the responding officer has not returned any of my calls, im assuming he does not want to be bothered with it (its quite a small town, with a small police force). So i decided to just not even bother with getting my money from her, as im sure its going to be more of a hassle than i want to deal with and instead just sell anything she has left here that is of value to fix my windshield.
My questions are the following:
Am I legal able to sell these items as they have been at my home for over 2 months?
Is she legally able to demand the items back without paying me for the damage to my vehicle?
Should i attempt to bring a small claims case against her? If so, what would be the proper way to do so?
More info: Nothing was made in writing by myself or her, nothing signed, no legally binding paperwork. The police have the property damage case on file, it has been documented and she admitted to committing the act.
Any and all help would be greatly appreciated.
Thanks so much
The basics first, I reside in WV, I have lived at the property i am currently residing for over a year. Now, My ex and me, split up about 3 months ago. About a month and a half ago, after our separation (Mind you we were not married), my ex smashed my car windshield. She admitted her guilt to the police, and the police urged me to resolve it between the two of us, (I assume to not deal with the paperwork). We came to an agreement that she would pay me the 380$ Required to fix my windshield and after she had paid me in full, she would pick up the rest of her things that she had left at my apartment after the breakup. She ended up attempting to change the agreement to paying in 100$ installments. Of which at this point she has not paid one. Her first payment was due Dec 1st. She claimed she could not pay due to Christmas. After continuing to argue with her, i came to decision to move forward with pressing charges for the damages to my car. However the responding officer has not returned any of my calls, im assuming he does not want to be bothered with it (its quite a small town, with a small police force). So i decided to just not even bother with getting my money from her, as im sure its going to be more of a hassle than i want to deal with and instead just sell anything she has left here that is of value to fix my windshield.
My questions are the following:
Am I legal able to sell these items as they have been at my home for over 2 months?
Is she legally able to demand the items back without paying me for the damage to my vehicle?
Should i attempt to bring a small claims case against her? If so, what would be the proper way to do so?
More info: Nothing was made in writing by myself or her, nothing signed, no legally binding paperwork. The police have the property damage case on file, it has been documented and she admitted to committing the act.
Any and all help would be greatly appreciated.
Thanks so much