Refusing to give back my things

[mrsbittles]

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

Okay my divorce was final back in november but I never got to do the division of property because I had to leave in a hurry.

Well in my divorce I made a 3 page hand written list of the things that I wanted and my ex said that I could have them and it was written in the divorce decree, well now he is refusing to give me my things at all. I am not sure what to do. Could I file a contempt of court, or do I have to sue him in small claims and take a small lose. He admitted that he pawned everything that I wanted to me. Is there a way I can get him to get my things back to me. I have left the state and I am in hiding from him, but he still gets my hopes up so I rent an expensive Uhaul to retrieve my things only to once again end up empty handed well not completely he keeps giving me trash and I mean trash.

 

[ecmst12]

You can sue him for the value of the items he disposed of.

 

[mrsbittles]

Thank you that is what I needed to know. Yes he did dispose of it. Pawned it or sold it to others some of these things have a value that can't really be placed but I will work on it over the next few days.

 

[ecmst12]

You can only get the actual value of the items.

 

[mistoffolees]

You can only get the actual value of the items.

You would get fair market value -which is approximately what the items would sell for on Craigslist or a garage sale. The number is actually fairly low for most items - and can't replace sentimental value.

I would consider filing for contempt in the divorce court since the judge can order other penalties besides simply replacing fair market value. For example, let's say the item was a 3 year old TV that ex actually gave to his friend, but which would only be 'worth' $100. Small claims court could order ex to pay $100. Ex might figure it's easier to pay the $100 than ask for the TV back and admit to his friend that he's a schmuck. OP would be stuck buying a new TV. Divorce court could order ex to either return the TV or buy a new one for OP. Either way, OP would not be out any out of pocket expense.

Same thing with items that have no fair market value. Let's say OP's grandmother's ring was a piece of costume jewelry and is only worth a couple of bucks, but ex gave it to his sister. Small claims could only order ex to pay a couple of bucks. A contempt filing could order ex to get the jewelry back or face consequences.

If he pawned the things, he could be ordered to retrieve them by divorce court, but would probably only have to pay OP whatever money he received in small claims.

So what kind of items are we talking about?