Legal Question in Civil Litigation in Virginia
Property dispute with ex-girlfriend
I'm having a dispute with an ex-girlfriend from Texas. She moved here and upon breaking up left and returned to Texas. She said she didn't want anything I ever bought her, so I gave alot of her clothes to my sister. Now she says she wants everything. I've agreed to get everything back from my sister. Am I responsible for returning the stuff? My mother says that according to the law she is responsible for retrieving what she wants and that my mother can charge her storage costs until she comes to get the stuff. Also she says she's going to take me to small claims court. Can she subpoena me to Texas or does this matter have to be settled in Virginia since that is where it occured and where the property is located?
1 Answer from Attorneys
Re: Property dispute with ex-girlfriend
A long arm action by your ex-girlfriend from Texas to Virginia over some clothes--given as gifts which the recipient has rejected and then seeks to reclaim(or the value therof) via a lawsuit from Texas.? I don't think so.
Forget about what Mom says and others who may want to enwrap this situation with ill-advised and unwarranted legalisms and penalties and the added unhappy human emotions which necessarily must flow therefrom.
I would suggest that you send a certified letter (return receipt requested with a copy by first class mail)to your former partner in romance and invite her to come and pickup her hamper of clothes and whatever sundry other items she may have left in your deposit by a date certain(generously, 90 days or so), and, putting her on notice that if the items are not picked up by that date certain, then you will not be able to continue to guarantee thereafter their(the items) continued existence upon planet Earth should she appear upon your doorstep seeking their retrieval after that date certain.
You, of course, may want to append to your missive of ultimatum some reference to how bad you may feel about having to resort to this course of action or some similar less than heartfelt phraseology, as you may feel moved by the moment(however fleeting). However, if she then fails to come for the items by the appointed date, you should be able to dispose of them with impunity as either you (or Mom) may see fit.