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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 11691
Experience:  Licensed Texas General Practice Attorney
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Do I have the right to have the the Salvation Army pick up

Customer Question

Do I have the right to have the the Salvation Army pick up my 26 year old daughters belongings from my home. She is an alcoholic and refuses to get help. We had a blow out last night and she tried to steel my wife's car and assaulted me because we refused to give her the keys to her car because she was under the influence. We gave her two choices but refused. Please any help would be appreciated.

Thanks Mike
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq : Thank you for using JustAnswer. I am researching your issue and will respond shortly.
ScottyMacEsq : I'm sorry to hear about your situation. Was your daughter living at your house? Have you kicked her out?
ScottyMacEsq : Did you see my follow up question?
ScottyMacEsq : Are you there? Please note that I am still here, awaiting your response.
Customer: I am. I didn't get your answer. For some reason. I am having a problem logging in. Please call me if you can at 661-(NNN) NNN-NNNN/span>
ScottyMacEsq : I did not answer, but asked a follow up question.
ScottyMacEsq : Did you see it?
<span class="JA_chatAuthorName"Customer: No
ScottyMacEsq : (I cannot call you, as that would be a violation of the terms of service of this site)
ScottyMacEsq : I asked: Was your daughter living at your house? Have you kicked her out?
Customer: She was living with us ,her , grandma , and her boyfriend
Customer: We moved her back from San Diego with the understanding that she needed to find a place because our son is graduating for high school and wanted to pay special attention to him
ScottyMacEsq : And have you actually kicked her out? Or has she moved out voluntarily?
Customer: We kicked her out last night do to the situation
Customer: She assaulted me and tried to steal her moms car
ScottyMacEsq : I saw that in your fact pattern (about the assault and attempted theft). What is she going to do and where is she going to live?
ScottyMacEsq : (that is, do you have a forwarding address?)
Customer: She showed up at her boyfriends home last night. She broke up with him the night before but probably had no where else to go
Customer: She is in denial right now and refuses to get help
ScottyMacEsq : What type of belongings represents what you would have taken away by the Salvation Army?
ScottyMacEsq : (that is, are there any valuables, or just clothes, books, etc...)?
Customer: Lots of clothes. She was in the fashion industry .thousands of dollars in clothes, sun glasses, make up and assories
ScottyMacEsq : Thank you. While you CAN contact the Salvation Army and have them take it away (it's not a crime), it could be "conversion" if you don't give her a reasonable amount of time to remove it from the property. Typically this is 15 days. If you don't want her in the house, you can set a time for her to come and get it and you will place it in the driveway, etc... If a reasonable time period elapses after you give her notice to remove the property and she still doesn't, then you can dispose of the property as you see fit.
ScottyMacEsq : The consequences of failing to give her notice to remove her property means that she can sue you for the fair market value of the items.
ScottyMacEsq : The reason is that you're taking possession and control of items that she owns, even though she has left the property.
ScottyMacEsq : It has to be "abandoned" first, and for the presumption of abandonment there would have to be notice or attempted notice to her to remove the property and failure to act on her part.
ScottyMacEsq : Once it's abandoned, you can get rid of it in any way that you see fit.
ScottyMacEsq : But you would want that presumption of abandonment, meaning that you should give her notice to remove it, and the warning that if she does not remove it within 15 days, that you will dispose of the property.
ScottyMacEsq : Again, failure to do that means that she can sue you for the value of the property (which is why I asked about the value, in that you could dispose of the worthless stuff and store the valuables, so that if she does sue you, she couldn't get that much in a judgment)
Customer: Ok. That's kind of what I thought .
ScottyMacEsq : Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
Customer: Thank you very much
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 11691
Experience: Licensed Texas General Practice Attorney
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