My belongings

[wukie2001]

What is the name of your state? CA

I was living with a woman, who is now the mother of my child, I no longer live with her, and some of my things are still at her home. It's been well over a year since our seperation, and I have been asking for my things since I left. Is there any legal action I can take to get my things back?
The reason she is keeping my stuff, so says her, is so that our child can have some of my "wordly belongings." Seriously, she said that.

 

[wukie2001]

bump

 

[OnlyOneVoice]

Seen a few of these on Judge Judy. Her response is that your ex had no right to withhold your belongings and that you have the right to sue her in civil court for either return of them or the cost to replace them.

My advice, make a few written requests asking for a date and time to retrieve. After several requests and a 30 day wait, file suit in small claims for the return or the value of the items.

The only catch is that if she won't return them you may only be granted the "reduced value" based on the age and original price of the item or items in question.

 

[wukie2001]

I've requested my items in writing four times since the beginning of 2003. Times/dates were set up to get my stuff, but she didn't open her door when I got to her house (both times!!). So small claims would be the route to go?

Also, this may be a dumb question, but we live in different counties... should I file in mine or hers?

 

[OnlyOneVoice]

I would definately sue and file in your county. I don't think her location is important in this type of a civil action.