Legal Question in Civil Litigation in California
My Personal Property Taken by Citizen
Some of my personal property was deliberately taken by the jealous ex-wife of the man who loaned his van to me so I could move. After he filed to divorce her, he loaned the van to me. While the van was in my posession she came at night and took it from in front of my house, knowing many of my boxes were inside. She took it back 100 miles to her house and left me without amy trans. While she had my boxes she went through all of my items. Eventually she returned many of my things but kept my personal phone book, journal, some letters, and pictures. I have asked for them back and she refuses. She keeps these things in her work desk, makes copies of them and shows them to people around town. She does not have my permisssion to have them. The van when she took it was community property, it was their agreement that he was getting the van and she the other car.
what can I do to retrieve my documents from her?
3 Answers from Attorneys
Re: My Personal Property Taken by Citizen
You can sue her for conversion and invasion of privacy; you can also threaten such a suit and hope that the threat is enough to get her to return your items. A demand letter from a lawyer can be effective, but where emotions are high the defendant may not be willing to budge.
Unless your privacy has been compromised in a manner that would be offensive to most people, such a suit may not get you much more than the return of your items. As a result, you may find it impossible to get a lawyer to represent you on a contingent-fee basis (after all, who would work for 40% of a diary and some pictures?). You should bear this in mind when you decide how to proceed. Then again, the cost of defending a lawsuit may be incentive enough to get her to return your possessions.
Re: My Personal Property Taken by Citizen
You might also be able to quickly get an injunction against her and a court order re returning the stuff which could be faster and cheaper than a lawsuit. I would also call the cops and report it as a theft, maybe make a citizens arrest.
Re: My Personal Property Taken by Citizen
The procedure for retrieving your documents is to file a complaint for claim and delivery, and serve the woman with an application for writ of possession. The procedure is not inexpensive, but will get your things back quickly, probably within thirty days. You have not given enough information regarding the invasion of your privacy to determine whether pursuing a claim for damages makes economic sense. To find out more, please visit our website @ labusinesslawyer.com.
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