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My ex-fiance (we were together for 3 yrs) was cheating on me after catching him the 3rd time with the lady he knocked up, I kicked him out. Over the three years he borrowed money from me that he said he would pay back. The first time I kicked him out he left all his stuff and wouldn't come and get it and I stored it for 6+ months. This last and final time I kicked him out I told him he couldn't get his stuff until he paid me the money he owed me. He said he wanted an itemized bill, which I e-mailed to him in the e-mail I told him he needed to pay me by a specific date or I would sell his things. It's been 4th months and I haven't gotten any response from him. Can I legally get rid of his stuff by selling and throwing it away? I thought about taking him to Small Claims court but he doesn't work, only as a Karaoke DJ so he only works on weekend nights and get's paid cash, so I don't see how sueing him for the $3,000 + would benifit me. Can I legally sell his things?
Already Tried: e-mail with itemized bill of debts and interest charged to my credit card.
It sounds like you've done what you need to put him on notice of your intent. So I would say yes, you can sell his property. While it seems unlikely he would sue you, you would have several defenses. First, you kept his property in exchange for the financial obligation he had to you. Second, he abandoned the property, you put him on notice that you considered it abandoned, and he still did nothing. A few words of caution... As to his obligation to you, hopefully you have some proof of his debt. You should save all receipts, cancelled checks, credit card payments, contract, or whatever else you have to establish the debt. Also, anyhing you have from him acknowledging the debt, such as the email, keep copies of that as well. As to the abandonement, similarly, keep copies of whatever you have to demonstrate how long the property has been left behind and your attempts to notify him of the situation. I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!
Attorney
I have 15 years experience in the legal field, currently specializing in criminal and family law