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Ely
Ely, Counselor at Law
Category: Legal
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replevin Inn WA State she asked to borrow sculpture (big stuff) she

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replevin
Inn WA State she asked to borrow sculpture (big stuff)
she paid to have it transported to WI to her home and gardens
it was a loan from a trust
now she claims it as her own
can she be forced to return it to WA and pay all costs?
can the suit be initiated in WA or does it have to be WI?

thanks you are great!
Hello and thank you for requesting me. Thank you also for your kind words.

Is this your ex? Or soon-to-be ex?

Did the borrowing happen during marriage or after the divorce?
Customer: replied 3 years ago.

we are unmarried

Customer: replied 3 years ago.

She ended this 5 year relationship and I moved to WI 2 years ago.

Thank you.

According to WA law, venue, or location where a suit should be filed, belongs in the state where:

Property in dispute is located;
Contract (if any) was entered into;
Defendant lives, or
Dispute or event which gave rise to the lawsuit occurred.

As such, it may be best to file the Replevin action in Wisconsin. See here for WI replevin law. It seems that you are already familiar with the concept overall. It is used for items that are held by one party but belong to another in right and/or equity.

can she be forced to return it to WA and pay all costs?

Yes and yes.

can the suit be initiated in WA or does it have to be WI?

For reasons stated, WI seems better.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 3 years ago.

WI is better but as a tactic is WA possible.


This woman has lots of money and is seeking to break me financially. But she will be wary of law costs so I wonder if I can gain some advantage by doing this is WA.


 


The deal was made there. The event was the discussion where she said she wanted it in WI and I agreed BUT... the work is actually owned by my irrevocable trust administered by my son and daughter. They are (were) located in Seattle.


 


Lawyers here have reminded me that I really have/had no power to enter into an agreement BUT I really didn't think about this as it is fluid. All my art is owned by the trust for years.


 


I also would like to know if there are costs involved and/or damage to work can I sue her in WA for those expenses?


 


thanks very much


 

J,

WI is better but as a tactic is WA possible.

It can be attempted but honestly, if she is astute and/or gets an attorney, and attorney may challenge venue and have it transferred to WI. So it is best to file in WI to begin with.

UNLESS one can show that the deal was made in WA. If so - and if one can illustrate this - then any challenge to WA venue may be defeated.

I also would like to know if there are costs involved and/or damage to work can I sue her in WA for those expenses?

Aside from actual damages and legal fees, punitive damages MAY be allowed if the defendant shows malicious and/or fraudulent action, but that is subjective and is up to the Judge.

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