Legal Question in Civil Litigation in Maryland

getting my stuff back

My ex fiance and I broke up. There are a few things she had borrowed like an expensive digital camera a portable DVD player a suitcase and an expensive leather jacket. Also she had a cell that was on my account and we had an agreement that any overages she ran up she would pay. she did not pay me for 3 months of overages and will not return the phone after i had it disconnected. I am willing to keep both lines to avoid the $175 disconnect fee but want the phone as the line is temp suspended for now. is there any legal ground for me to get these things back? I live in maryland and she lives in georgia.


Asked on 1/25/07, 10:23 am

1 Answer from Attorneys
Lawrence Holzman Holzman Law Firm, LLC

Re: getting my stuff back

As a technical legal matter, you probably have grounds to seek a "writ of replevin" in the district court of Maryland (if she was here in Maryland when you gave her the stuff). A writ of replevin, if it were granted, would require her to give back the stuff. You could also sue her for the value of the stuff. Given the value of these things you would be best doing that in the small claims court in district court.

As a practical matter you will have some difficulties: can you get someone to serve her with the papers down in GA and how much will that cost? if you get her served you get a judgment how will you enforce it (i.e. what if she just ignores it? .. will you hire lawyers in Georgia to file garnishments etc? that would be expensive).

Better part of valor may be to chalk this one up to experience and move on. But anyway, you do have legal rights and they are set out above.

good luck

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Answered on 1/25/07, 10:34 am


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