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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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i had a verbal fight with my best friend of 36 years. i would

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i had a verbal fight with my best friend of 36 years. i would stay at her house 3-4 days out of the week. she was screaming for me to leave because she had a migraine.or she would call the police for trespassing. her oldest daughter said to just leave and let her mom settle down. in all the screaming and confusion and the dog barking and throwing my clothes into my suitcase and getting the cell phone charger tablet thinking ok this mine that is mine grabbing things all over the kitchen living room and great room i hadf forgotten to take some very valuable items ie my jewelry that i would put in the same place for years in the cupboard. i also forgot to take my moms will and i had some clothes outside by the pool. she was holding 10,000.00 of mine that my mother left to me from an insurance policy...i told her im not leaving without my money .she ran out got my money threw it at me and continued to scream. i ran out w/6 bagshe now will not return my jewely the will the clothes and misc
Thank you for your post. Please permit me to assist you with your concerns.

Did you ever take her to court for the items, or did you just get the police involved? How long ago did this take place?
Customer: replied 3 years ago.

no i did not take her to court.the police were involved and this was the end of july 2013.


 

Customer: replied 3 years ago.

i allowed her time to calm down and prayed that she will give it back. i do not know what to do next or what my rights are

Keri,

Thank you for your patience. Has she admitted that she has the item or has she kept silent? You just want the jewelry back, correct, or is there anything else that you are seeking? based on your facts I am assuming that you lived together until the split, correct?
Customer: replied 3 years ago.

she said to the police that she has no knowledge that my jewelry was there. a mutal girlfriend when speaking to her i said i will arrange a convient time to come with a police escort. that mutual said yeah she said come with an escort. i want everything back even our friendship.but i would settle for just my grandmothers ring. no i want ALL my jewelry i wore out there and my clothes and my moms will. no we were best friends she is going through a nasty divorce and she would beg me to com stay with her because she was scared to be alone cause she didnt want men coming on her property taking pictures and banging on her door to serve her with papers.

Keri,

What is the approximate value of the items that you believe she is withholding? I ask to best figure out which court would be the one for you to file in if you decide to pursue it in that manner. Thank you!
Customer: replied 3 years ago.

68,000.00 i have receipts for everything except for my grandmothers ring in which i have an appraisal. the ring is appraised at 60,000.00 and it may by the slightest be raised for insurance purposes. but the sentimental value is irreplaceable

Thank you for your follow-up, Keri.

In this case what you would need to do is file for 'replevin', which is a legal term for suing for the return of your personal property. This is not theft since the other party did not steal the items, they are simply refusing to return. The amount here is extremely substantial which is far above small claims. You would need to file at the New York Supreme Court level (since lower courts such as district or city courts tend to limit claims up to $15,000 and no higher), and I strongly urge you to retain counsel. Unlike lower courts, this court is far more formal and would hold you to the same standard as an attorney if you choose to file on your own. The attorney on your behalf could then pursue the friend and attempt to obtain either value or the direct item should he prevail in court against her.

Good luck.

Customer: replied 3 years ago.

ok so i will go to the supreme court and file for replevin. is there any way she can be served this paper? if she was served and read this im sure she will hand it over. yes i know a lawyer is needed, but is there a way to try first without one?

Thank you for your follow-up, Keri.

When you file for replevin, serving her with a copy of the complaint is something that you would need to do either via hiring a process server, or having the sheriff serve the papers for you. It is your obligation as the petition to ensure that she gets served a copy of the complaint. You can potentially file this complaint on your own, but be aware that it is complex--I suggest that if you want to go at it alone, go to your local county law library and learn on what goes into a typical complaint. Ask the law librarian for help as they do have templates there for you to learn from and potentially use as a basis for your own complaint.

Good luck.

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