Legal Question in Civil Litigation in New York
Getting my possessions back
I was in a serious relationship with an individual in NY and I had to move out state temporarily. We planned on getting a place together when I returned so I left some of my things with her. After a month or so of being away, she ended the relationship. I tried to contact her about this but she would not respond. Recently, I have started writing her repeatedly and making phonecalls again, with no results. She is simply ignoring me and my questions in regards to my property completely. Part of me says to walk away and chalk up my losses. Another part of me would like my stuff back and I would like to know what avenues I can take in order to achieve this. The monetary amount of the possessions that she has is rather small, maybe $1000, but when I factor in my more personal items, like paintings, books, etc. It becomes more important to me. I now reside in another state and if I wanted to follow up on getting my property back, how would I go about filing such a claim and what are my chances here? Do I have another option I am unaware of? Right now, I feel like she has stolen these things from me and has no intention of returning them. Its been 4 months now and still nothing. What can I do?
3 Answers from Attorneys
Re: Getting my possessions back
I'm not sure a criminal complaint will get you that far in that you handed over your belongings to your ex for her custody and care. She may be claiming you owe her "rent" for storing her things. I don't know. In any case, your recourse is to file a civil action for replevin (recovery of your belongings) or in the alternative (conversion) the value of your belongings. You will have no choice but tofile an action in the court in the county where your ex lives, but I'm afraid that's the only way you will have an opportunity to get some legal assistance in getting your belongings returned.
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Re: Getting my possessions back
You may never get your things back, but, it sounds like you need to try, so, decide if you can justify hiring an atty. If not, then get a self-help book on NY Small Claims Ct.
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The boo is a couple bucks. File suit. Send her a letter and tell her you just want your things back. Offer to either have someone neutral pick it up if she doesn't wasnt to see you, or to pay for the shipping. If you go to court, just tell your story. It would help to make a list of your things. If she disputes the ownership of anything, try to get the things that are NOT in dispute, and hopefully that will be the things you care most about.
Good luck, and move on.
Kevin J. Begley
Re: Getting my possessions back
You can report the theft to the police and you can bring a lawsuit in Small Claims Court. Both would require evidence of your ownership and the theft. A certified letter (return receipt requested) demanding a return of your property with a listing identifying same would also be helpful evidence. You should not make any further telephone calls since that could lead to a complaint against you for harassment.
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