Legal Question in Civil Litigation in Florida

Furniture
My ex-boy friend is trying to take me to court for furniture that I own. I have receipts for in my name. I want to sell the furniture now. He has asked for a court date, the court said it could take 6 months to a year for him to get a date. That is if he even gets a date. He had this in county court and the judge threw it out so now he has it in civil court. They tell me there is a good chance the judge may throw it out again. That is why I don't want this furniture in my garage for another 6 months. I really don't believe he would get it in court anyway with me having all the receipts. Main question, Can I sell the furniture?

Asked on 2/27/09, 11:06 am

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

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Re: Furniture

It depends on what the complaint is for. If it is for monet damages only, then you could probably sell the furniture. If it is for possession of the furniture itself, then you may not be able to, depending on what precisely is in the complaint and what the judge has ordered. If you do sell it and you lose, you may owe what he proves the value of the furniture is and that might be different (more) than what you sell it for. I could not give you a reliable answer without seeing the complaint itself and any court orders. The safest thing to do would be to just keep the furniture stored in your garage. I know it is a pain, but, the clutter won't be there too long.

Answered on 2/27/09, 11:16 am

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