Legal Question in Civil Litigation in New York
Getting Personal Property Back Held By Someone Else Not Related
My friend stayed at someones house for a while and now that he moved out he wants his stuff back but she's keeping it hostage in her apartment. He knows he will fight with her if he sees her so he wants to know a legal way to get his belongings back with out hassle and hopefully without needing a lawyer because he doesn't have the money. He lives in NYC. What are his legal grounds in getting his property back? He has work clothes and other personal belongings and she won't give it back. He could lose his job because he no longer has his work clothes. She's basically acting out of jealousy because she liked him but he doesn't like her that way and was dating me at the time.
2 Answers from Attorneys
Re: Getting Personal Property Back Held By Someone Else Not Related
If everything you say is as simple as that and he can prove the items are his, sue in small claims for the value of the items. Small claims can not compel return of property although, instead of paying, most people will return things.To recover the items an injunction will be needed which requires the supreme court's equitable jurisdiction, is expensive and usually requires a lawyer.
Re: Getting Personal Property Back Held By Someone Else Not Related
If everything you say is as simple as that and he can prove the items are his, sue in small claims for the value of the items. Small claims can not compel return of property although, instead of paying, most people will return things.To recover the items an injunction will be needed which requires the supreme court's equitable jurisdiction, is expensive and usually a lawyer.
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