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personal items back from girl friend

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C

charliedees

Guest
What is the name of your state? new mexico

i moved from my girlfriends home when we broke up. i wasent able to remove all my belongings at the time. i have tried to get her to return them but she has refused. can i take her to smalls claims to get them retured.
 


JETX

Senior Member
Q) "can i take her to smalls claims to get them retured."
A) No. Small Claims courts only hear money issues, so you cannot use that forum to attempt to get the items, but you can attempt to get the value of them. Assuming that you get a judgment, the defendant would hopefully return the items in lieu of payment.
 
K

KeyLegal

Guest
How long was it after you left that you asked for the items to be returned? You MAY have been deemed to have abandoned them. Otherwise, you can sue for the actual value as noted above.
 

JETX

Senior Member
Keylegal is wrong again!! There is no provision for 'default abandonment'. That would be a possible defense on her part (that you abandoned the property), but there are requirements for notice before this could be asserted. A person cannot just unilaterally claim another had abandoned property. Further, her refusal to return the property on demand eliminates ANY defense of abandonment.

Send her a certified RRR letter demanding the return of the property and asking for her to contact you within 7 days to allow your recovery of your property.
 
K

KeyLegal

Guest
Well, Halket, I see your eyes are giving you problems again, you seem able to see only the words you want to see. You missed the word "MAY" even though it was in caps. Do you have any idea what that word means? Obviously your education stopped before you reached that point, so go borrow a dictionary and look it up and see how it applies in my post.
 

JETX

Senior Member
Wow, so know you are going to try to weasel out on your useless and inane post by claiming the word "MAY" gives you an out. Stupidity on top of stupidity only equals More Stupidity!!

Based on your premise that the word "MAY" is a free pass, your post could have said,
"You MAY not have really moved from your girlfriends as you claim since you still left property there", or
"You MAY be liable for unpaid rent since you left things there and didn't pay anything for it", or
"You MAY be able to sue for the original costs (nor value) assuming that you purchased the items new and have only worn/used them in the property or while in tenancy... you MAY be able to claim that she has received all the benefit for the purchase from new", or
"You may be shot if you try to break into the property in the dark of night while wearing a black 'ninja' outfit", or
"You MAY follow 'keyillegals' useless advice and get absolutely NO legal benefit from it".

Heck, using 'keyillegals' theory, you MAY be taken away by an alien spaceship and then after explaining the situation to 'them' they MAY use their 'magic transporter ray' to beam all your belongings from her place to your place.....

Sheeze, another correspondence school dropout!!
 

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