Legal Question in Civil Litigation in North Carolina
My Fathers Wife Gave away everything i own!
In August i had moved in with my Father and his wife to attend a Junior college in North Carolina. My Father got a job that caused him to be gone everyday except for one weekend a month. During my six weeks with my fathers wife I was not happy and wanted to move back to MA. After many attempts to go and visit i was fed up with her telling me that i couldn't so one day i got in my car and drove home.Once she had found out what i did she gave all of my belongings to the good will. Now i am a college student making minimum wage and can not afford to buy a whole new wardrobe and i was just wondering if anyone could tell me if i have a case or not and if its worth it to go to small claims court for this. Please help! Thanks!
2 Answers from Attorneys
Re: My Fathers Wife Gave away everything i own!
You have a small claims case but you have to bring it in North Carolina.
Re: My Fathers Wife Gave away everything i own!
It sounds like you probably have some claim against your mother-in-law. It could be trespass (to chattels) or perhaps conversion. You would be entitled to the fair market value of your items. I do not see that she had any right or permission to remove your items. Another legal theory here is "bailment," and she had a duty to take reasonable care of your items. You may want to see if she will simply pay you for them, rather than filing a small claims action, but such an action is certainly an option. (If you are a minor (<18), then there might be other considerations, such as whether you would need a guardian in the suit.) You should probably try to get something from her (or your dad) outside of court if possible.
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