Legal Question in Civil Rights Law in Pennsylvania
Mother with holding items after ejecting son
I gave some things to my boyfriend, including a working
cell phone which I pay the bill, and a playstation 2 as
well as an xbox, there were several games and dvds as
well. He was kicked out of his house, and his mom is
holding these things from us. Is there any way for me to
get my things back? She also is holding his wallet
(drivers license, ss card) birth cert. and HS diploma, as
well as clothes, he has only the clothes on his back.
What would be the way for him to recieve these things.
Also he got a tv and stereo from his parents for
graduation, which she is holding as well. She claims
that if its in her house it belongs to her, but legally, gifts
that she gave are no longer hers, correct? She also
has my bank card, which she is holding on to. Please
help. Thank you.
1 Answer from Attorneys
Re: Mother with holding items after ejecting son
Some things she is probably going to get to keep, others she definitely cannot keep. Things that belong to you: first, cancel the bank card and get another one; same thing with license, birth certificate, etc. Those are easy. The working cell phone, tell the cell phone company what is going on to protect yourself against unwanted calls. Do this immediately, as you may be liable; they may have some ideas. If you get a court action started, then at least you'll be protected to some extent from unauthorized charges and calls. The best course of action? Sweet talk mom long enough to get your stuff, then get out, because any court action is going to give her plenty of time for mischief. She's obviously playing a power game, so figure out what she wants and if possible, give it to her so you can get your/his stuff. Do NOT break into the house, but if he has a key and she hasn't any sort of court order to keep him out, she has to go out sometime. Or, tell the police what you're going to do (if possible, or maybe a neighbor) and then go get your stuff when she's there. If she refuses, they can't MAKE her give it up, but the embarassment might encourage her to do the right thing. It's not entirely a waste of police officer time, --they are there to keepo the peace and it is for your protection as much as anything. Girlfriend: stay out of it, it's between he and his mother.