Legal Question in Credit and Debt Law in Pennsylvania
How can I obtain my personal belongings from my mother's house if she will not let me come get them but continously tells me to "get my stuff out of her house" via text message?
1 Answer from Attorneys
I do not know what you mean by "she will not let me." Do you have a key? Has she told you not to trespass on her property? Has she threatened you?
Send her a letter by UPS/FedEx (too many people play games with certified mail). In the letter, outline the difficulties you have had in retrieving your possessions and tell her that you would like to make a final attempt. Set forth a specific time and date and indicate that you will be there to retrieve your possessions at that time so she needs to make arrangements to permit you access to the property. If that is inconvenient for her, advise her to call and give you a time and date or call you so that you can arrange for a mutually convenient time. Tell her that if she fails to respond, you will assume the date specified is ok.
Show up on the time and date and bring a friend with you, preferably one with a video camera. If she gets ugly when you arrive, videotape her refusing you access. Go to the local magistrate and see if you can file a complaint to retrieve your property. You may be able to file a protection from abuse petition if you can show that your mother has threatened or abused you in some way. If not, see if the magistrate's court will allow you to bring a replevin action. If not, then you will have to bring the action in the court of common pleas and will probably need an attorney to ensure that things are done properly.