Legal Question in Civil Litigation in New York
personal belonging taken from residence without consent
An ex-boyfriend, who's house im staying in, went through my stuff while i was at work and took my journal. He is 3 hours away at college and will not give it back. is there any legal action i can take to get my journal back?
1 Answer from Attorneys
Re: personal belonging taken from residence without consent
Dear Reader:
In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.
If the stuff is really yours and he had no right to have possession of it without your consent, that is called stealing.
I can't tell you how to live your life, and I don't know the emotional consequences of your ultimate decision, but your legal options appear to be to call the police and have him arrested; to hire a lawyer to sue him for trespassing, or to handle it informally with him.
DON'T DON'T DON'T threaten to have him arrested; that's extortion and you will be in worse trouble than he is. Have him arrested or don't, but don't threaten him with that.
As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.
Rod Kovel Attorney at Law 516-312-9900