Legal Question in Civil Rights Law in Florida

Hi, can you help me please. Here's the situation as it pertains to me living with my sister/brother n law.

I was living with my sister this year for about 6 mos. or so. I was paying a minimum of 2/3'rds of all costs to keep the house up. I paid the light bill, water bill, cable bill, and also paid for most of the grocery bill each week. Well I moved out but had a room full of my property left in their house. Some of those things included a 3k 50" plasma tv, over 2k worth of computer learning books, photo albums, desk, pc's, etc. I was not ever notified either verbally or by mail, certified mail, etc that my things were in danger of being disposed of.

Now, during this time I have been trying to get them to let me come by and pick up my things but never got a response at all. Going beyond this I supported my sister over a 4-5 year period giving her any where from 200.00 to 300.00 every week or two and during this time I was not living with them. Earlier this year I moved in with them and was there for about 6 mos. or so before I moved to be closer to work. She told me my stuff was fine there for as long as I wanted to keep it there. At some point she split up with her husband(not legally)

she just moved out and in with her daughter in another city. Her husband is still living in the house.

I just recently learned that he either gave or sold my 3k plasma tv to my niece(her daughter). She said that my brother n law told her that I abandoned my property and it was in his rights to dispose of it as he chooses. I spoke with a couple of law enforcement individuals and they said that I had to be notified via certified mail that my property was considered abandoned and give me a period of time to recover it before it would be legal to dispose of the property.

I told my neice that I have the original receipt and serial number and that I am considering my property to be stolen and I want it back. I only used the word stolen after she attacked me and said she was not giving it back.

I really want to be able to press charges on him and get him arrested for what he's done to me after all that I have done to help them out is just unbelievable. I also want to some how let my niece, sister know that they are legally wrong for what they are doing to me.

My neice jut told me she would not give me the tv back but that she is giving it back to my brother n law. The problem with that is that I heard he was going to destroy it so I would never be able to use it again. He is exactly the kind of low person to do that without a doubt. I really need someone to help me with this to get some sort of satisfaction I just don't have a lot of money right now to fund something like this.

Facts: The place of residence and where I was living with them: Sebring, Fl

Value of property- Tv, books, etc. - $6,000

Location of tv currently - West Palm Beach, Fl

Neice residence - West Palm Beach, Fl

Sister - with niece in wpb, fl

Brother n law- Sebring, Fl

Last known location of pc books, desk, pc's, etc - Sebring, Fl

Myself - Sarasota, Fl (Currently)

Can someone please help me with this. I am a good person being done so completely wrong. I'm the big hearted person in the family that helps everyone and never asks to be paid back. I'm so confused as to why this is happening to me.

Sincerely,

J.R.


Asked on 12/23/10, 6:08 pm

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

It is extremely unlikely that you can have them arrested, as police are not going to get involved in family scraps over a TV. They generally only intervene in family disputes that result in bloodshed or endanger children.

If you are satisfied with collecting $5,000 or less, you can file a claim in small claims court in the COUNTY where the home is located, ie Sebring FL, OR you can file a claim against them in the county court where they currently reside. You will have an opportunity to tell the judge your story, and the judge will decide if your story makes sense, and possibly award you a money judgment against them.

This is happening to you because you have creepy family members and you left your stuff in their property instead of taking it with you when you moved out.

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Answered on 12/29/10, 9:54 am


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