Legal Question in Real Estate Law in Pennsylvania
A former girlfriend had filed a P.F.A against me and part of the order was to surrender all fire arms to the sheriff within 24 hrs. Well I do not own any fire arms. I was residing with this woman at the time so once the order was issued I could not go back to the house. The sheriffs dept. entered the residence in search of my fire arms upon finding out that there were none they instead confiscated my air guns, a very expensive katana style sword, and my entire pocketknife collection consisting of 30 pieces. A friend of mine who was at the house told me that the deputy had said they should not be taking those items but they were not leaving empty handed. Well the P.F.A was dismissed and I petitioned the court for a return of weapons order witch was granted to me. I presented the court order to the sheriffs office and was told a background check had to be done before they could return my things. I asked why since non of the items require one for purchase or ownership. I was told it was standard procedure and they would contact me within two weeks to set up an appointment for me to retrieve my things. That was over a month ago and they still have not contacted me. When I tried to question them about the delay I was just given the run around. My question is how long can they legally continue to hold my property after being court ordered to return it? What options do I have to force the return of my property?
Thank you for your time.
1 Answer from Attorneys
You have to file a motion in court for the return of your property. Though this motion is a civil matter, you can file it in criminal court. In the motion, be sure to ask for attorney fees or other compensation, because their delay in complying with the court's order was deliberate and intentional. You may qualify for free legal aid. Visit this site to find legal aid near you. http://palawhelp.org/PA/index.cfm I am happy to help you. Good luck.
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