Legal Question in Civil Litigation in California
I was living in NYC from Sept 2007 to Sept 2008 and my personal property was taken from my home by 2 siblings who placed it in storage without my permission. Of the train collection and other collectibles which were removed, $25, 000.00 dollars worth the items were stolen or not returned .The police have told me I need to pursue this in civil court. What do I do , how do I start and what do I saw if I have to file?
2 Answers from Attorneys
Although you don't say so, I presume this happened in California while you were in New York.
You should contact a lawyer if possible so he can try to settle with your siblings out of court. If that doesn't work, and if you don't mind suing family members (remember that they didn't mind stealing from you), then your lawyer should file suit for conversion, replevin and/or trespass, and any other causes of action that might appear warranted under the circumstances. You could try to do these things on your own, but a lawyer will do them much better and will improve your prospects during settlement and/or trial.
Mr. Hoffman is correct. If you have to sue, it probably will have to be in New York as that is were the improper acts occurred. You can use a California attorney to try to settle, but your siblings may be smart enough to realize that that attorney will not be following through in the sense of suing. New York City attorneys tend to be more expensive and abrasive.
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