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I dated a man for 6 years, off and on. i have stored a washer and dryer in a storage unit

Customer Question

I dated a man for 6 years, off and on. i have stored a washer and dryer in a storage unit for at least 3 years, which I solely paid for, and yesterday he called the police and claimed I was holding his property and wouldn't give it back. I ended our relationship a year ago, after he moved out of my home, taking everything. I have not talked to him or heard from him since August of 2012, except in passing one time, when I picked up a bill of sale for my trailer from his dad. He was at his dad's home but never spoke about the washer or dryer. Does he have a legit complaint? If not, can I press charges because he lied to the police? I live in Boise, Idaho.
Kim
Submitted: 1 year ago.
Category: Criminal Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. What did the police tell you as regards XXXXX XXXXX he claimed was his that you are holding?

2. Do you have proof that you paid for the washer and dryer? I presume that is it a sure bet that he does not.

Doug
Customer: replied 1 year ago.
Just that he claimed I was illegally holding a washer and dryer that was his.

I do not have proof of purchase and I'm almost certain he does not either.
Expert:  LawTalk replied 1 year ago.

Hi Kim,

Thank you for the additional information. That was what I needed to know.

Well, if he didn't buy them I certainly would not expect him to have proof he did of any kind.

He can complain to the police all he wants, but he can't prove that they are his. You claim you bought them---he has not asked for them in over a year, suggesting that he recognizes that you own them. You are not going to be prosecuted for theft---the State's Attorney couldn't prove theft anyway. At worst, he would be able to file a civil action to try and recover them---but with the burden of proof being on him, he will have to prove he really own them---which he presumably can't do. So he will lose.

As for the false claim, it is illegal to file a false claim, and you can complain to the local Prosecutor that he filed a false claim---but they are unlikely to do anything with that either.

At this point, you are better off ignoring him. You are safe from the cops---because theft requires a taking, and you can't take what someone leaves at your home, and you can't take what is yours.

You are smart not to speak with him over the phone or in person. Keep it in writing only. If he continues to harass you with phone calls, or if he threatens you, then you will want to file stalking charges and seek a protective order from the court and that will put an end to his nonsense.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug

LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27889
Experience: 30 years legal experience
LawTalk and 4 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Doug,

Thank you for all of your help. I really appreciate the information and advise.

My best to you also,

Kim :)
Expert:  LawTalk replied 1 year ago.
Hi Kim,

Thank you for your kind words. They are appreciated. Please keep in mind that until you rate me highly for my service, I will not be credited with helping you.

Thanks again.

Have a great day,

Doug
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, Kim. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.

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