Legal Question in Credit and Debt Law in North Carolina
I have court ordered papers from 2006 against my ex boyfriend who broke a restraining order and broke into my home to steal my jewelry. The judge ordered him to return it along with 45 days of house arrest for him! He completed the house arrest but never returned my stolen items. Can I take him bAck to court?
1 Answer from Attorneys
First, this is not a credit and collections issue. Since this was an ex-boyfriend, it probably concerns a 50B (domestic violence order) if the order was entered in North Carolina.
You do not provide emough information. When was the break in? When was the order entered? When did the boyfriend complete house arrest?
Most domestic violence orders expire after 1 year. Look at the order. Did it expire? You can still sue for conversion of your property if 3 or less years have elapsed between the time of taking and now. Even if it is over 3 years, your boyfriend would have to raise the statute of limitations defense. How savvy is he? If he is not likely to get legal help, it will be worth a shot. If he does not raise the time issue, then you are good to go.
I suggest that you take the order to a family law attorney to see if it can be the subject of a contempt petition by the court that entered the order. If not, ask the attorney if you can still sue for conversion of your property or get restitution as a result of the criminal burglary.
If you can still sue civilly, was your jewelry valued at more than $5,000? If not, you can try small claims on your own. The case should be easy since there is no doubt that the ex-boyfriend broke into your house and stole the jewelry - you have the orders directing him to return it.