Legal Question in Credit and Debt Law in Florida

In the spring, when my step children left FL to go to NC for visitation with their mother for the summer, my husband allowed them to take their wedding costumes (from our recent marriage that I paid for and have receipts for prior to the wedding) to NC. Their mother wanted to take pictures of them. The understanding given at that time was that the wedding outfits would come back at the end of the summer with te children. I have made and documented numerous conversations requesting the return of the outfits which cost over $300. Each time i am given another 'excuse' as to why the outfits can't be returned or can't be returned yet. The most recent attempt was made 2 weeks ago and then this weekend I had my husband call his ex-wife to tell her they need to be in the mail to us by this Friday or there may be a problem. I would like her arrested or to take her to court for their return at this point if they are not returned or paid for. How can I have her arrested over this? can i have her arrested over this? We are in FL and she is in NC.

Asked on 10/26/09, 1:00 pm

2 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

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This is a civil issue and NOT a criminal issue; it is also NOT a credit, debt, and collections law issue. Why would you want to have the children's mother arrested over $300 worth of clothing? I'm pretty sure that is not possible, though I don't know NC law. It is possible for you to sue her for return of the clothes or the value of the clothes. The small claims case would most likely need to be brought against her in NC court. But, I urge you for the sake of family harmony, please just have your husband ask her to return the clothes again.

Answered on 10/31/09, 2:11 pm

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