Legal Question in Real Estate Law in Texas

I am a former resident of Cape Coral. I moved away in April of this year due to domestic issues with the person I was living with. We were not married, and I left without notice and moved to Texas.

When I left, I brought with me only what I could pack in a suitcase and backpack, thinking I could return later and collect the rest of my things. When I informed the man I had been living with that I was not returning to live at that residence, he told me that my personal items would be sent via mail but everything else would remain there for his keeping. Items left behind include $5,000 worth of furniture, purchased on my credit card at the local FOS Furniture store, as well as all of my credit card receipts, passports, and three large area rugs I had purchased overseas. This is not including the smaller personal items that I was told would be sent.

I had intended to come to Florida and collect everything, but due to several comments made during phone calls I was afraid for my safety and the safety of anyone else I asked for assistance. Through months of conversation the person's standpoint on the issue changed back and forth, from agreeing to allow me to have my belongings to saying he deserved to keep them because they were left behind. In mid-September I received two footlockers of clothes, but he would not agree to send anything else unless I said he could keep the furniture and other items he wanted. He reminded me that he has possession of the physical receipts and that if I attempted to come take anything, he would destroy it all. I have sent a total of $70 between the end of September and the beginning of October to pay for postage for sending the things he has agreed to return. Even after sending the money, he refuses to do so.

I do not have much money. During my time living with this person, from September of '08 to April of '09, I paid for all of his living expenses, and he did not . Recently I have found public records that he has been arrested for possession of marijuana. In September of '08 he had a temporary restraining order in place due to unstable behavior. This was later dismissed. I am trying to get this resolved and hope that you can help me see a course of action that will not result in anyone getting hurt, or me paying for a trip to Florida only to find everything has been sold or destroyed. I am also afraid that, if using drugs, he could be selling them as well. I do not want him to be arrested and find that everything I own has been seized with no chance of recovery.


Asked on 10/26/09, 10:45 am

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Is the dispute worth potential injury or loss of life? Move on and replace your items from your local thrift store. Sorry for your problems, but sometimes it is best to move on and this is one of those times.

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Answered on 10/31/09, 6:09 pm


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