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LegalEagle1
LegalEagle1, Attorney
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Hi, Let me start with the situation. My brother and his pregnant

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Hi, Let me start with the situation. My brother and his pregnant girlfriend were living together in an apartment. He came home from work yesterday to find that she had moved out and taken everything without any giving him any clue that she was leaving. My problem with this is that my mother and I gave my brother a lot of baby items for him to keep at his house to take care of his baby, new stuff and old stuff. My hand-me down baby items, I expected back in case I had another baby. This was a lot of expensive stuff, and she also took items that were given as house warming presents. She also knew that I wanted my babies's first outfits back for sentimental reasons. I just forgot to remove them from the other clothing at the time. What can I do to reclaim these items? These items were meant to stay at my brother's house to take of the baby, not for her to run off with. I think it is unfair that she feels that she can keep everything given to my brother by his family for the baby leaving him nothing when he gets joint custody to take care of the baby with.

Submitted: 1 year ago.
Category: Legal
Expert:  LegalEagle1 replied 1 year ago.
Hello and welcome to JustAnswer. I would like to assist you with your question today.

First off, you can request (demand) her to return the items to you. When she fails to return the items, you can try to contact to police and report that she stole the items, advise them that you loaned them to your brother and she removed them from his home without authorization. The police will probably decline to do anything but you have created a record with them.

You also have the option to file a civil action against her called a "replevin." A replevin is a legal remedy for a person to recover goods unlawfully withheld from his or her possession. Because this is a legal action seeking to ask a party to do a specific act, i.e. return property, it cannot be filed in small claims court.

Another option is you can file a suit in small claims court for the value of the items. Small claims courts award money damages and do not compel parties to do specific acts. Prior to the court awarding a judgment you can offer to dismiss the suit in exchange for the property being returned.

The gifts that were given, if given to both of them belong to both of them and there is nothing you can do to reclaim the gift you or others gave to them. You brother could sue and ask the court divide the gifts among the two them. If gifts were given to your brother and she took them, he would have the same options that you do, filing a police report for the theft, initiating a replevin action and filing a suit for the value of the goods.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

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Customer: replied 1 year ago.


I have tried to call her, but she has blocked everyone's phone number. Of all these suggestions, which do you think would be my best course of action or should I just let it go and move on?

Expert:  LegalEagle1 replied 1 year ago.
I would recommend waiting a few days, you can also send her a written letter requesting she return the items. You should keep in mind that because she is going to your niece/nephew's mother, your brother (and the rest of your family) will have to deal with her for a long time. I would caution you not to rush to take action. You have plenty of time to pursue a legal action. Waiting to report it to police may impact their decision to pursue charges, but that probably is not the way you want to proceed anyway.

Give her time to cool down and rethink her actions. Sometimes letting it go and moving on avoids making a situation worse than it already is.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
_________________________________________________________________
Use of this service does not create any attorney client relationship. Information provided is intended to explain general legal principles and assist you in finding an attorney in your area.

Please click "Great" or better to rate service.
LegalEagle1, Attorney
Category: Legal
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Experience: Practicing attorney licensed for over 23 years.
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