small claims

[imadandy1]

My girlfriendand and I have been together for almost a year. She previously had been living with another person. When she moved out he became violent and threatening and would not let her have some of her belongings back. He continues holding them hostage to try to get her to go back to him. Due to the fact that he is violent and has a background of not ever giving her back her belongings, is there any legal way in which she can try and get her belongings. We live in Texas. Her prorerty includes clothes, dishes,personal effects,books,and childrens keepsakes,appliances,and an expensive mantle clock. Can anyone help with suggestions.

 

[ed]

I would try the local sheriff. They may help.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ed:
I would try the local sheriff. They may help.<HR></BLOCKQUOTE>

My response:

The "local Sheriff" is powerless to do anything, at this point. This matter is a "Civil" matter. File in Small Claims court to obtain a money judgment. Then, the Sheriff can levy against the boyfriend's wages, or other exempt property to pay for the judgment. However, if the property being "held captive" is very valuable, or has personal value to you, you might seek to file your claim in a higher court; one with the authority to order "specific performance" - - that is, a court with the power to order the defendant to actually turn the property over to you, and to award damages to you. That's when the Sheriff comes in to enforce the court's order.

IAAL



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[imadandy1]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
My response:

The "local Sheriff" is powerless to do anything, at this point. This matter is a "Civil" matter. File in Small Claims court to obtain a money judgment. Then, the Sheriff can levy against the boyfriend's wages, or other exempt property to pay for the judgment. However, if the property being "held captive" is very valuable, or has personal value to you, you might seek to file your claim in a higher court; one with the authority to order "specific performance" - - that is, a court with the power to order the defendant to actually turn the property over to you, and to award damages to you. That's when the Sheriff comes in to enforce the court's order.

IAAL


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Thanks for taking time to respond.