Legal Question in Consumer Law in Missouri
Personal property not returned from former rommate
My previous roommate has kept over 200 items of mine and is refusing to return them to me. She has kept electronics as well as items such as my daughters first baby quilt, clothes, heritage related items (indian heritage). How do I get these things back from her quickly? She has filed an exparte to keep me from her property, judge denied order but a hearing is set for 2/14/03.
1 Answer from Attorneys
Re: Personal property not returned from former rommate
If it is the truth, tell the judge at your hearing as follows. " don't want to have any further interaction with her(ex roomate) but, she is holding much valuable personal property of mine, that I need to get back, and appears to be using her application for a restraining order as a means to convert my assets. If you feel that an order of protection is necessary, then please at the same time, instruct the Petitioner to release all my property to me, in good consition, and plese set a time and date that I may get those items without violating teh order."
Without knowing many more facts, I do not know if she will be successful in getting a restraining order. But, every judge that I have appeared before, in similar circumstances, has been sensitive to notice that a Petitioner is withholding the Respondant's property. The Judge may not set a specific date and time, and may not have authority to force her to return your items, in the context of the that hearing. But probably will question her about the property, and ask her when you can pick up those things.
If these items are so valuable, then it is probably worth the expense to have an attorney appear on your behalf. They may be able to broker a consent order that encompasses you getting your stuff back.
Good Luck,
Tony Smith
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