where do I begin?

[d_fantasia]

I am not sure where I need to post this question, so I figured I would just do it here. *smile*
Ok, I am a mother of 3 wonderful children. In the process of divorce. Starting over. I was out of state for the last 8 years. When I moved back 'home' due to the D, I found a nice house for the kids and I.
Now, for the confusing part... before moving into this house. A child that I used to take care of (she was 11 at the time) contacted me. She asked if she could live with my children and I. So, I set up some 'rules' (ie... no late nights. Be home by 12 pm, so she doesn't wake me 'cause I have to get up early and go to work. And pick up after herself. That's it, no more, no less)
Well, we moved into this house on Jan 11. All was happy, until I found that she was doing drugs. I asked her to leave. (I will NOT tollerate that, on my childrens behalf. I fully support the DARE and MADD programs.)
Now for my questions:
1.) How long does she have to get the rest of her belongings out of the house? (I have asked her to on MANY occasions- but she is 'always too busey)
I know I need to send her a letter requesting this. But what I would really like to know is how long do I have to keep her belongings before I can get rid of them? In other words; if I sent her a letter tomorrow, how long does she have to get it before she has no more rights to it? (by the way, she was never on the lease)

Also, while she was here (the last day that she was here as a matter of fact) she used my phone to make a 1-900 phone call to a physic hotline. She was on the phone with them for 60 mins. Which put a charge of $284.00 on my bill.
She has admitted to doing this. And has left messages about this on my voice mail.
What are my rights, and what can I do to get the money from her?

Any/all suggestions are welcome!

Thank you!!

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by d_fantasia:
I am not sure where I need to post this question, so I figured I would just do it here. *smile*
Ok, I am a mother of 3 wonderful children. In the process of divorce. Starting over. I was out of state for the last 8 years. When I moved back 'home' due to the D, I found a nice house for the kids and I.
Now, for the confusing part... before moving into this house. A child that I used to take care of (she was 11 at the time) contacted me. She asked if she could live with my children and I. So, I set up some 'rules' (ie... no late nights. Be home by 12 pm, so she doesn't wake me 'cause I have to get up early and go to work. And pick up after herself. That's it, no more, no less)
Well, we moved into this house on Jan 11. All was happy, until I found that she was doing drugs. I asked her to leave. (I will NOT tollerate that, on my childrens behalf. I fully support the DARE and MADD programs.)
Now for my questions:
1.) How long does she have to get the rest of her belongings out of the house? (I have asked her to on MANY occasions- but she is 'always too busey)
I know I need to send her a letter requesting this. But what I would really like to know is how long do I have to keep her belongings before I can get rid of them? In other words; if I sent her a letter tomorrow, how long does she have to get it before she has no more rights to it? (by the way, she was never on the lease)

Also, while she was here (the last day that she was here as a matter of fact) she used my phone to make a 1-900 phone call to a physic hotline. She was on the phone with them for 60 mins. Which put a charge of $284.00 on my bill.
She has admitted to doing this. And has left messages about this on my voice mail.
What are my rights, and what can I do to get the money from her?

Any/all suggestions are welcome!

Thank you!!<HR></BLOCKQUOTE>


My response:

We need your State. The laws with regard to personal property are different from State to State.

Insofar as the phone charge is concerned, keep the tapes. Telephone answering tapes are excellent evidence for Small Claims court. You can make your two demands (demand for removal of property and demand for payment of phone charges) all in one letter, with a "highlighted" copy of the phone bill and charges, sent Certified Return Receipt Requested and a copy by regular mail, and keep a copy for yourself (again, for evidence in Small Claims court).

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[d_fantasia]

I am sorry.... I guess it would help if you knew the state I live in....

Indiana


Thank you sooooo very much!!!

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by d_fantasia:
I am sorry.... I guess it would help if you knew the state I live in....

Indiana


Thank you sooooo very much!!!<HR></BLOCKQUOTE>


My further response:

This has got to be one of the screwiest codes I've read in a long time. Could Indiana make this simple matter any more complicated? In California, it's "wham, bam, thank you Maam." I guess, now you're referred to as a "Warehouseman." Good luck

IAAL
--------------------------------------


IC 32-7-6
Chapter 6. Moving and Storage of Tenant's Personal Property

IC 32-7-6-1
Sec. 1. (a) If a landlord is awarded possession of a dwelling unit by a court under IC 32-6-1.5, the landlord may seek an order from the court allowing removal of a tenant's personal property.
(b) If the tenant fails to remove the tenant's personal property before the date specified in the court's order issued under subsection (a), the landlord may remove the tenant's personal property in accordance with the order and deliver the personal property to a warehouseman under section 2 of this chapter.
As added by P.L.130-1995, SEC.4.


IC 32-7-6-2
Sec. 2. (a) As used in this chapter, "exempt property" means personal property that is any of the following:
(1) Medically necessary for an individual.
(2) Used by a tenant for the tenant's trade or business.
(3) Any of the following as necessary for the tenant or a member of the tenant's household:
(A) A week's supply of seasonably necessary clothing.
(B) Blankets.
(C) Items necessary for the care and schooling of a minor child.
(b) If a tenant has failed to remove the tenant's personal property under section 1 of this chapter, a landlord may deliver the personal property to a warehouseman if notice of both of the following has been personally served on the tenant at the last known address of the tenant:
(1) An order for removal of personal property issued under section 1 of this chapter.
(2) The identity and location of the warehouseman.
(c) At the demand of the owner of the exempt property, the warehouseman shall release the exempt property to the owner, without requiring payment from the owner at the time of delivery.
(d) A waiver of the provisions of subsections (a) or (c) by contract or otherwise is void.
As added by P.L.130-1995, SEC.4.


IC 32-7-6-3
Sec. 3. (a) A warehouseman that receives property under this chapter holds a lien on all of that property that is not exempt property to the extent of the expenses for any of the following incurred by the warehouseman with respect to all of the property, whether exempt or not exempt:
(1) Storage.
(2) Transportation.
(3) Insurance.
(4) Labor.
(5) Present or future charges related to the property.
(6) Expenses necessary for preservation of the property.
(7) Expenses reasonably incurred in the lawful sale of the property.
(b) A tenant may claim the tenant's property at any time until the sale of the property under section 4 of this chapter by paying the warehouseman the expenses described in this section.
As added by P.L.130-1995, SEC.4.


IC 32-7-6-4
Sec. 4. If a tenant does not claim the tenant's property within ninety (90) days after receiving notice under section 2 of this chapter, a warehouseman may sell under IC 26-1-7-210(2) property received under this chapter.
As added by P.L.130-1995, SEC.4.



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[d_fantasia]

So, what I get out of this information you have so nicely given me is:
I write a letter to her, giving her 90 days from the date that it is written to get her belongings out of here.
IF she 'still' does not comply, then I can either charge her storage fee's, or sell the items?

What about the money she owes for the phone bill? Do I give her a set time limit to 'pay the due's'?

I would like to Thank You sooo very much for all of your wonderful information you provide to us!

 

[I AM ALWAYS LIABLE]

My response:

You're welcome, but you better re-read my first response to you, and re-read the code again. You missed the hard part. You need a court order first.

Good luck to you.

IAAL


[This message has been edited by I AM ALWAYS LIABLE (edited May 01, 2000).]