Replevin Trial Questions

[Physix]

What is the name of your state (only U.S. law)? Florida

Ok, this is a follow-up from a previous thread, but with the new information and changes that happened after the hearing, I felt it best to start fresh.

So, the current situation is this... My ex-girlfriend left my previous residence with all of my possessions prior to me ever being able to go back there (there was an injunction in place). She never had a job, the place was fully furnished by me, and all bills paid for by me, so she has no argument to try to support that she ever bought any of it. I also have pictures of the majority of those possessions showing I owned them prior to us ever even getting together.

In our hearing last week, she lied to the judge and claimed she didn't possess most of those items. However, she had already posted a lot of those possessions publicly online that shows the exact opposite (through social media). The kicker is that even though I took screenshots of those pictures, which included dates on the postings, she has since removed all the postings to that account that had my possessions in the background, further supporting that she is intentionally trying to deceive the court.

She did admit to having my television, but then lied to the judge and claimed I bought it while with her. I have the receipt on-hand that shows it was purchased prior to us getting together, so I can prove she lied about that under oath when we go back for our trial. As far as the rest of the stuff, while I have pictures (from before being with her and after her moving) proving the possessions were mine and she does have them, I am not sure how a case like this is typically handled in court? There were a few other lies she told the judge as well that I will be proving, but as far as those possessions she is claiming to not have that I can show she does, how does the court normally handle that?

As far as the possessions I can't show she has, but can describe them and can state I feel she might, is there any way to have an investigation or some other action taken to have them try to find out if she does have them?

Also, say if in a few months from now, I find out she has possessions of mine that I can prove are mine. What can I do then? Would it be contempt of court on her part for having lied and claimed she didn't have them? Just trying to figure out my options here?

Almost forgot... I also found out recently that she is trying to leave the state. If she does, I have no doubt she will disappear off the grid. I am concerned that she might flee before our trial date, but not sure if there's anything I can do about that?

 

[quincy]

What is the name of your state (only U.S. law)? Florida

Ok, this is a follow-up from a previous thread, but with the new information and changes that happened after the hearing, I felt it best to start fresh.

So, the current situation is this... My ex-girlfriend left my previous residence with all of my possessions prior to me ever being able to go back there (there was an injunction in place). She never had a job, the place was fully furnished by me, and all bills paid for by me, so she has no argument to try to support that she ever bought any of it. I also have pictures of the majority of those possessions showing I owned them prior to us ever even getting together.

In our hearing last week, she lied to the judge and claimed she didn't possess most of those items. However, she had already posted a lot of those possessions publicly online that shows the exact opposite (through social media). The kicker is that even though I took screenshots of those pictures, which included dates on the postings, she has since removed all the postings to that account that had my possessions in the background, further supporting that she is intentionally trying to deceive the court.

She did admit to having my television, but then lied to the judge and claimed I bought it while with her. I have the receipt on-hand that shows it was purchased prior to us getting together, so I can prove she lied about that under oath when we go back for our trial. As far as the rest of the stuff, while I have pictures (from before being with her and after her moving) proving the possessions were mine and she does have them, I am not sure how a case like this is typically handled in court? There were a few other lies she told the judge as well that I will be proving, but as far as those possessions she is claiming to not have that I can show she does, how does the court normally handle that?

As far as the possessions I can't show she has, but can describe them and can state I feel she might, is there any way to have an investigation or some other action taken to have them try to find out if she does have them?

Also, say if in a few months from now, I find out she has possessions of mine that I can prove are mine. What can I do then? Would it be contempt of court on her part for having lied and claimed she didn't have them? Just trying to figure out my options here?

Almost forgot... I also found out recently that she is trying to leave the state. If she does, I have no doubt she will disappear off the grid. I am concerned that she might flee before our trial date, but not sure if there's anything I can do about that?

Your previous thread, with the advice you received in it, is important to understanding your situation in full. Although your other thread is lengthy so I can understand your reason for starting another one, it is almost always best on this forum to keep all related questions in one place.

Here, for the benefit of others, is a link to that thread: https://forum.freeadvice.com/small-claims-courts-24/ex-girlfriend-stole-my-apartment-later-all-my-possessions-questions-621045.html

The time to refute any lies told in court is when you are in court.

 

[Physix]

Your previous thread, with the advice you received in it, is important to understanding your situation in full. Although your other thread is lengthy so I can understand your reason for starting another one, it is almost always best on this forum to keep all related questions in one place.

Here, for the benefit of others, is a link to that thread: https://forum.freeadvice.com/small-claims-courts-24/ex-girlfriend-stole-my-apartment-later-all-my-possessions-questions-621045.html

The time to refute any lies told in court is when you are in court.

Thank you. I definitely do plan to bring up her lies in court, but I'm thinking the judge probably won't hold her in contempt for claiming items were purchased while I was with her, when they were actually purchased before her. However, since she has already lied multiple times in court, I am hoping to show to the judge that she has most, if not all, of my possessions, regardless of whether or not she admits to all of them. A good portion I can prove from the Instagram photos, but I'm not sure how they would deal with the rest? The judge seemed ready to give me back my television and told me to simply bring in the receipt during the next hearing for that. However, I don't know how the judge could attempt to retrieve my possessions she claims she doesn't have. I do feel I have a strong basis to not rely on her word and pursue things beyond her hearsay, but I don't know how I would do that, if the judge will automatically take action to do so, or how it works exactly?

 

[quincy]

Thank you. I definitely do plan to bring up her lies in court, but I'm thinking the judge probably won't hold her in contempt for claiming items were purchased while I was with her, when they were actually purchased before her. However, since she has already lied multiple times in court, I am hoping to show to the judge that she has most, if not all, of my possessions, regardless of whether or not she admits to all of them. A good portion I can prove from the Instagram photos, but I'm not sure how they would deal with the rest? The judge seemed ready to give me back my television and told me to simply bring in the receipt during the next hearing for that. However, I don't know how the judge could attempt to retrieve my possessions she claims she doesn't have. I do feel I have a strong basis to not rely on her word and pursue things beyond her hearsay, but I don't know how I would do that, if the judge will automatically take action to do so, or how it works exactly?

If the judge finds in your favor, it will be based on whatever evidence you present in court. The ruling on the matter is the end of the judge's involvement. The rest is all on you (to collect any judgment, retrieve any possessions, whatever).

You really should refer back to your earlier thread because I believe somewhere in the three-pages this was discussed.

As to lies told in court, judges hear lies all the time and discount most of them. If you expect lies, have on hand with you in court evidence that can support the fact that they are lies (e.g. - If she says she doesn't have items, have pictures or witnesses to show she is lying).

Good luck.

 

[Physix]

If the judge finds in your favor, it will be based on whatever evidence you present in court. The ruling on the matter is the end of the judge's involvement. The rest is all on you (to collect any judgment, retrieve any possessions, whatever).

You really should refer back to your earlier thread because I believe somewhere in the three-pages this was discussed.

As to lies told in court, judges hear lies all the time and discount most of them. If you expect lies, have on hand with you in court evidence that can support the fact that they are lies (e.g. - If she says she doesn't have items, have pictures or witnesses to show she is lying).

Good luck.

Thank you, but a lot of the information from the prior thread seemed to be about having sheriffs or other law enforcement confiscate possessions until a decision is made by the court. However, the court clarified that when a judgement is made, any possessions ordered to be returned to me do not need any kind of deposit made prior to the re-possession. So, the majority of what the thread was flooded with was not applicable.

 

[quincy]

Thank you, but a lot of the information from the prior thread seemed to be about having sheriffs or other law enforcement confiscate possessions until a decision is made by the court. However, the court clarified that when a judgement is made, any possessions ordered to be returned to me do not need any kind of deposit made prior to the re-possession. So, the majority of what the thread was flooded with was not applicable.

Here is a link to the law (there may have been updates not reflected here):

http://law.justia.com/codes/florida/2005/TitleVI/ch0078.html

I guess I am not sure what you are looking for. You prove your case; you get your judgment; you attempt to collect on the judgment. What am I missing?

 

[Physix]

Here is a link to the law (there may have been updates not reflected here):

http://law.justia.com/codes/florida/2005/TitleVI/ch0078.html

I guess I am not sure what you are looking for. You prove your case; you get your judgment; you attempt to collect on the judgment. What am I missing?

Ok, so from my understanding based on the info from the link you provided, if I can show that certain possessions are mine, regardless of whether she says she has them or not, if I am awarded those possessions, the sheriff attempting to retrieve those possessions will search the residence I allege they are at. So, what it seems like this all comes down to is showing probable cause that she does have those possessions, which should not be a problem in the least, then her current residence will be searched for them. I think I should be good. Thank you for that link. I just can't help but worry that this woman is going to get away with stealing most of the stuff I have owned - over $3500 worth of possessions. Since this is costing me nothing and I only have one more court date (the trial) to attend to win the case, I feel it is well more than worth it, especially she has already admitted to having several possessions that I can prove were mine long before she came into my life.

 

[quincy]

Good luck in court, Physix.