Legal Question in Civil Litigation in Illinois

Ex Boyfriend Refuses To Return My Sons Belongings

My ex-boyfriend has personal property that belongs to my 13 year old son. He is not my son's father nor step father. My son and I have requested verbally and in writing that these items be returned (includes boy scout awards, archery medals, etc.) The Ex refuses to return the items, he claimed not to have them and lastly he has threatened to destroy all itmes unless I agree to sign papers agreeing not to pursue legal action. I have pictures of my son with some of these items, plus numerous people who can testify and written letters from the ex. Can we file small claims? Will I need to subpeona these people to testify if we do file?


Asked on 11/20/01, 2:00 pm

1 Answer from Attorneys
Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Ex Boyfriend Refuses To Return My Sons Belongings

You can file a small claims complaint, and you will need to subpoena your witnesses. You will want to ask for "replevin," which is basically a request for a judgment that your son has a superior right to possession of the goods. You will need to prove that the goods belong to your son, that the defendant took them, and that he never returned them. You should sue as the parent and "next friend" of your son. Call me if you need help. Larry Stein (630) 221-1755

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Answered on 11/20/01, 2:03 pm


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