Thanks for your question and good evening/
Same to you
The botXXXXX XXXXXne here was she was awarded this stuff.You need to give her the stuff.Your husband here if he chose could file small claims for the cost of storing her stuff. He has to decide if he wants to do so.Certainly he would have a claim for storing her stuff for this time if he chooses to pursue it.
Free forms for small claims
He can sue here up to $5k
If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.
Please remember to click the ACCEPT button so that I can get credit for the answer. Leaving a BONUS (tip) & POSITIVE FEEDBACK after you accept is very much appreciated.
Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.
The catch here is that she was awarded some items but it does not exactly state anything about this Marmaduke stuffed animal doll. I promise I am not trying to argue with you. :) I am just trying to understand this situation the best I can. My husband is required to keep her items for years until she is ready to take it back?
I think he should have notified here at the time or some where up the road if she didn't claim them within thirty days he would donate them.His lawyer here should have resolved this matter and forced her to get them.But this part should have been better defined.Honestly it sounds like she is trying to pick a fight over nothing.
I completely agree with you. She and her mother are starting something all of the time. So since it was not better defined, does that still mean that she can still claim them years later? What if we would have just thrown the stuff away 3 years ago because she didn't clam them? Could we have been in trouble for that?
She has the right to this stuff.I am not sure that a judge would find him in contempt if he didn't return them.If he thrown them away the judge would have had to assign a value.He can file small claims for cost of storage.
Ok. Thank you for your advice. Do you really think it would be worth it to file a small claims case?
Not really but I've seen people each pay a lawyer fighting it out over a picture worth about $50.The lawyers were getting at least $250 an hour each and the hearing lasted a couple of hours.Love or divorce are not always logical.It depends how bad he wants to get back at her.
Thanks for letting me help you.If you can click accept it is much appreciated.
Would it be wrong to ask her himself for part of the storage money?
No it sure doesn't hurt to ask.
Ok. thank you very much for your time and advice
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).