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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32744
Experience:  Began practicing law in 1992
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Someone has a house full of my belongings, I never lived there

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Someone has a house full of my belongings, I never lived there but no he will not give the items back. All the items total about $22,000, what can I do?

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

You could try calling the police but they are likely to tell you it is a civil matter.

JD 1992 :

If they do, then what you have to do to recover your property is to file an Application for a Turnover Order.

JD 1992 :

It will have to be filed in either County Court at Law or District Court since the amount is over $10k so you will want to consider hiring a lawyer to help you unless you have experience in representing yourself.

JD 1992 :

There are no forms online that I am aware of for this type of action so it would have to be drafted from scratch.

Customer:

Do I need receipts for everything, most of it was charged on a credit card and I do not have the actually receipt?

JD 1992 :

No, you don't have to have them although it would certainly help.

JD 1992 :

If you have the credit card receipts that would be better than nothing. In addition, you may be able to go back to the place where you bought the items and get a duplicate receipt.

Customer:

As far as the polce, I took my computer that I bought and he called the police and they did tell me that it was a civil matter but to give the computer back to avoid theft charges.

JD 1992 :

That's typical of the police.

JD 1992 :

You probably should go ahead and hire your lawyer and commence proceedings to recover your property before he sells it.

JD 1992 :

It's hard to get money from a judgment in Texas.

Customer:

What if he will not give the property back and he does sell it, I have receipts, call it be considered stolen property then?

JD 1992 :

It is stolen property but the police aren't going to get involved. You can get a temporary injunction to jeep him from selling it.

Customer:

I just need to get an attorney, I had $15,000 in his gun safe and when I got the envelope back it only had $7,500 in it, but I do have a promissary note for that will that stand up in court, and what if he claims the property to be a gift?

JD 1992 :

Yes, the promissory note should hold up with no problems.

JD 1992 :

He can claim the property is a gift and then it is up to the judge as far as who he believes. However, I think it is most likely he will believe it is not a gift just based on common sense.

Customer:

Will they serve him once I file and how do I get a temporary injunction?

JD 1992 :

You have to file an Application for Temporary Restraining Order along with your other petition and they will serve him with all of them. If you are going to do that then you definitely need to have a lawyer and they will handle it all. Since you are suing on a promissory note as well they can also sue for attorney's fees.

Customer:

He is a concealed hand gun carrier, will the restraining order cover me on that and keep him away?

JD 1992 :

It will cover anything you want in there, including a no contact order.

Customer:

Thank you very much for all your help.

JD 1992 :

You're very welcome. I'll exit now to assist others.

JD 1992 :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

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