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Ray
Ray, Lawyer
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My girlfriend assaulted me last night with hot coffee, throwing

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My girlfriend assaulted me last night with hot coffee, throwing it on me. I called 911, the police responded but did not make an arrest. This morning I filed for a TPO. When she found out about this, she got in her truck and abandoned all of her belongings, presumably to avoid being served. I was told by the clerk at the office that issued the TPO that I was to call 911 immediately upon returning home so that a police officer could serve her. She is not here. And I don't know if she plans on returning, but she left virtually everything she owns here.

There are four parts to my question:

*if she comes for her things, should I call 911 before letting her in the house?

*if she's not able to be served because she doesn't come back here, does she have a valid excuse for not appearing in court two weeks from now for the hearing to determine whether I'm able to obtain a year-long protective order.

*how long am I required to hold onto her belongings?

*while she has no money, her husband (yes, she's technically still married to another man) does and could pay for the cost of her belongings to be returned to Georgia for her. Can I charge HIM a storage fee? her belongings are cluttering my house (it cost me $8000 to have her stuff shipped here by a moving company from Georgia --I'm in Washington State. . . just to give you an idea of how much stuff there is).
Submitted: 4 years ago.
Category: Legal
Expert:  Ray replied 4 years ago.
Thanks for your questions.Lets go through them

*if she comes for her things, should I call 911 before letting her in the house?
Absolutely

*if she's not able to be served because she doesn't come back here, does she have a valid excuse for not appearing in court two weeks from now for the hearing to determine whether I'm able to obtain a year-long protective order.
No court grants it by default

*how long am I required to hold onto her belongings? *while she has no money, her husband (yes, she's technically still married to another man) does and could pay for the cost of her belongings to be returned to Georgia for her?

I would send letter to her addressed to his house stating that you are going to dispose of her belongings if unclaimed here after 30 days.You can donate them if necessary.I prefer this to trying to collect storage.


All you can do here is send letter and see if she surfaces.You can donate it here after 30 days arguing you gave notice and that it was abandoned.You could sell it but to me you would be better off getting receipt from say goodwill.

This is law for landlords for Washington


Washington

§§ 59. 18. 310,

59. 18. 312

A landlord may store property remaining when a sheriff executes a writ of restitution unless the tenant objects to storage. If the tenant objects, the landlord may place the property on the nearest public property.

If the landlord stores property valued at $ 50 or less, he must give the tenant notice that he intends to sell or dispose of it after seven days unless it is reclaimed. If the property is valued at over $ 50, the landlord must give the tenant notice that he intends to sell or dispose of it after 45 days unless it is reclaimed. The landlord must apply and sale proceeds to any outstanding debts the tenant owes the landlord, including rent and storage of the property. The tenant can claim any excess income from the sale for up to one year. After one year, the balance becomes the landlord's property.

Edited by RayAnswers on 10/1/2010 at 3:07 AM EST
Ray, Lawyer
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Satisfied Customers: 29925
Experience: 29 years in civil, probate, real estate, elder law
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