Seeking advice

[ChantingBuddha1]

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

Good evening. I am seeking advice on an issue. Last week I was in a fight with my ex and he hit me. I left. I was gone over a week but told him I would be after my belongings. I went last Friday with a truck and the police and he would not let me in. He decided to wait until this past Tuesday to let me get my stuff. When I went to pick it up, he and his friends put everything I own (which was basically everything in the house) in a big pile in the garage. The majority of my stuff is damaged. The cop told me to take pictures of anything damaged. I did. I was not able to get all of my stuff because they packed it with trash..and made it very difficult to get everything. I told him I would be back and he said no to come get it the next day. I told him I could not that soon. The cop told him if he destroys anything of mine that is of value that he would be responsible. I have decided not to let him get away with this and would like to go to court. My question is, would it be a waste of time and money? He broke alot of my stuff. Even down the the dishes I had. He did not pack anything correctly. I am sure he did this on purpose. Now, keep in mind, we were living in his moms old house. We did not have a lease but I paid all bills. He is jobless and paid for nothing. Any thoughts on the situation I am in? I appreciate your time and your feedback. I just want to make the right decision. Thank you.What is the name of your state (only U.S. law)?

 

[TheGeekess]

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

Good evening. I am seeking advice on an issue. Last week I was in a fight with my ex and he hit me. I left. I was gone over a week but told him I would be after my belongings. I went last Friday with a truck and the police and he would not let me in. He decided to wait until this past Tuesday to let me get my stuff. When I went to pick it up, he and his friends put everything I own (which was basically everything in the house) in a big pile in the garage. The majority of my stuff is damaged. The cop told me to take pictures of anything damaged. I did. I was not able to get all of my stuff because they packed it with trash..and made it very difficult to get everything. I told him I would be back and he said no to come get it the next day. I told him I could not that soon. The cop told him if he destroys anything of mine that is of value that he would be responsible. I have decided not to let him get away with this and would like to go to court. My question is, would it be a waste of time and money? He broke alot of my stuff. Even down the the dishes I had. He did not pack anything correctly. I am sure he did this on purpose. Now, keep in mind, we were living in his moms old house. We did not have a lease but I paid all bills. He is jobless and paid for nothing. Any thoughts on the situation I am in? I appreciate your time and your feedback. I just want to make the right decision. Thank you.What is the name of your state (only U.S. law)?

Sue him in small claims court for the value of your items. But if he doesn't have a job or money, don't expect to collect any time soon.

 

[chantingbuddha]

Thanks for your reply. You are right. That's why some friends told me. However, if I won the case, would it be liable to pay me when he *did* get a job?

 

[Ohiogal]

Thanks for your reply. You are right. That's why some friends told me. However, if I won the case, would it be liable to pay me when he *did* get a job?

Only if you could get the proper court orders to collect. He would have a judgment for the CURRENT value (used value) of the items and NOT the replacement value. How much are USED dishes worth?

 

[st-kitts]

OP, there are two ways to handle this and no right answer.

When you engage, you often enrage. Your ex already hit you so you know he has a propensity to violent reactions. Will you put yourself in danger if you have to face him in court again? Will he retaliate against you if you do this? If you supsect the answers are yes, you may put your personal safety at risk to bring him to justice in a civil suit.

If you don't think there is a danger, you can certainly try civil court. If you are awarded a judgement there are many ways to collect including garnishing wages, seizing money in bank account, even some assets if they are in his name. This however, assumes that you have proof to win the case.

Why don't you reach out to the National Domestic Violence Hotline and talk with them about your relationship a bit. I think determining if the civil suit is a safe course of action for you is your best first step. Then, if it is safe, determine whether you will be out more money (in filing fees) then you are likely to collect.