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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37479
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My Ex-Roommate doesnt let me in to get my property back. Ive

Customer Question

My Ex-Roommate doesn't let me in to get my property back.

I've been living as a roommate with another person in the apartment.
First 3 weeks went nice but then she started pushing me around (like you do that and that wrong) and yelling at me more and more. Finally we had a big argument: she basically was yelling at me like crazy. Next day I decided to move out. I picked up all small stuff and moved out. But there was a furniture left (one couch and a mattress).
We nicely agreed that I'll call to her and pick it up later.

But then she just stopped replying. I sent an E-mail and called several times. She didn't reply. She just doesn't let me in keeping my stuff. I left her a voice message that I'll come with lawyer if she keep ignoring me.
She called me back and started yelling and threatening me that she will call police if I come close enough to her apartment.

I basically don't know what to do. Is it worth it at all (the cost of property is around $500)? I guess maybe not. But I really can't stand that somebody can do that and trat me that way.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

No, you do not have to take it. Since you both agree that these are your things and not hers, she is not entitled to simply keep it and then threaten you with the police. What you can do if you choose is take her to small claims court for 'replevin', or the return of your personal property, or the value of the property if she refuses to return it. If you prevail, you can then petition the courts to garnish her wages until the amount is returned to you (plus the cost of the garnishment, interest on debt, and court costs), or pursue a bank levy against her accounts until you are able to obtain your judgment from her. If your roommate is acting like a bully, you may want consider resorting to your legal options, as that is a legitimate option that you can pursue.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37479
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Another question is if I have just a receipt from IKEA and didn't have any agreement that I lived there can I really prove that I've been living there for a month and this is actually my furniture?

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Marat.

If you have a receipt showing that you purchased the furniture, and you are filing suit against her, then she has a duty to disprove your statement. Even if you did not have an agreement, if you can prove that you resided there (you have letters with your name and that mailing address), then you can at least show that you belonged in that location. While you would carry the burden of proving that the items were there, the items were yours, and you were a resident who did not gift the items to her, if she fails to respond (or if she outright fails to appear), then you prevail.

Good luck.

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