Legal Question in Civil Litigation in Texas
Help- I had been dating this guy for one year. Everyone warned me.. but I didn't listen. And yes, he turned out to be a physcially abusive, manipulative, money hungry monster. I spend over 23K on him.. paying his rent times three, paying his motorcycle note, insurance, paying his legal feels, paying his medical, etc. In the process he was very violent on many occassions. Charges were filed and a protective order was put into place. Anyway- we are no longer together and now he wants to come get his "furniture" which was being stored in the garage.. he, according to his sister, is coming with a constable. Problem is, I don't want him here period! I have offered to have a mover bring his stuff to him. That, according to the sister, is not acceptable bc he is afraid I will keep some of his items. Well.. yes, I was planning to keep two items; a tv which I paid for (I gave him a check for his rent in exchange for the tv) and cheap dresser/desk that had previously belonged to his daughter, but which he gave to mine. I refinished and painted this.. spend a lot of time on it, and now he wants it back (now that it looks good). If I had the money to replace these items I would gladly give these back to him.. but, I spent all of my money on him. so, my question is, am I legally obligated to give these items back to him since there was no "contract"..
1 Answer from Attorneys
I'd be willing to bet you $50 that he is NOT going to "come with a constable."
If he does, ask the constable to SEE THE WRIT (a constable can't just show up and say "Give him his stuff). If the constable doesn't have a writ, order him off your property, and tell him he's a trespasser.
If the stuff doesn't belong to him, don't give it to him. Why not sit down and write him a letter and tell him what you told me? Keep a copy of the letter.