Legal Question in Family Law in Indiana
my daughters great, great grannys rocker
Dear Sirs;
According to my divorce papers, my ex was to give me my belongings and vice versa. I asked about my rocking chair. He said he didn't know where it was. He lives next door to my mother and invited her and my daughter to see his remodling on the house. They both seen the rocker in his kitchen! No doubt about it, it was my rocker. This chair has been in our family for at least 4 generations. I was going to give it to my daughter, just as it had been given to me.The divorce was nasty, lots of accusations of me taking his things. The judge never found me guilty of anything. I assume that since we have been legally divorced and everything to both our (supposedly) liking that I can't do anything to get this rocker back? My daughter is afraid to confront him and my mom is disabled. Can I take him to small claims court? Of course, there isn't a reciept. Please tell me if I can do anything to get this chair back. Thank you so much.
1 Answer from Attorneys
Re: my daughters great, great grannys rocker
You should consider returning to the court which issued your divorce decree to enforce it. Your daughter may however, be able to relate to the court what she knows about the chair.You may wish to ask for attorneys fees as it was your ex spouse whose actions required this.The small claims court is likely to reject the action due to the jurisdiction of the divorce court.
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