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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
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Experience:  25 years experience as practicing attorney
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have been divorced for 3 years gave exhusband all family photos

Customer Question

have been divorced for 3 years gave exhusband all family photos has 3 months to make copies said he had them all ready in jAN 2012 I have yet to receive them what can I do to get them back
Submitted: 1 year ago.
Category: Family Law
Expert:  Dave Kennett replied 1 year ago.
-Could you explain your situation a little more?
Was this part of the terms of your divorce decree that he would make the copies and return them within a specific time period?
Customer: replied 1 year ago.

It was not in the divorce decree but it was stated where both lawyers were present and my ex assured them he would follow and agreed to the terms of the photos and also the money that was to be given in the divorce was in the decree and was to be paid within 24 hrs howeve he took 7 weeks to pay me he has 9 brothers and sisters and they all say he willnot return the photos because he a sick human being

Expert:  Dave Kennett replied 1 year ago.
Dear JACUSTOMER - I'm not certain why your lawyer did not insist on this being in the decree of divorce since you could easily file a motion for contempt of the order. The fact that it was said in front of the lawyers does not make it an enforceable court order so your only option at this point is to file a suit for replevin of your property in the general court system. You can also sue for the monetary value of the property however in the case of family photos there probably is no actual monetary value as these are priceless and no amount of money will replace them. There simply is no other way to force him to return your property. Since your lawyer should have included this it might be possible to contact your lawyer and see if he would write a letter for free to try to get the pictures returned.

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Dave Kennett
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25 years experience as practicing attorney