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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have broke off the relationship with my boyfriend six years

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I have broke off the relationship with my boyfriend six years ago. He was incarcerated twice after the break-up. When he went to jail the first time, he was in the process of loosing his house. He got lucky and sold it before he went away. I took some of his belongings and put them in my shed, six years later I still have his things. He pretty much got free storage, and when he wanted something he would call and ask me to get it for him. well he texted me Friday 10-11-2013, wanting something and I didn't answer or reply. That made him mad so now he says he's taking me to court. I've went on with my life, but he hasn't, he still tries to control me. I think if he wants something he should come and get it and not bother me. He uses the excuse he doesn't have a car, too many DUI'S. So am I in trouble for not calling him back and for not jumping in the car and obeying his order. Thank you for your time Lorrain X. Xxxxxxx

Submitted: 9 months ago.
Category: Legal
Expert:  Ely replied 9 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me if you have EVER PROMISED IN WRITING to store his things? Or, did this just "happen" and became status quo?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 9 months ago.

There was nothing in writing,it happened pretty quick. He was already in jail I got stuck moving everythimg out of the house.

Expert:  Ely replied 9 months ago.
Thank you.

I am going to assume that the items that you have that were his are not titled (like a vehicle, or a jetski, etc). If so, then he has no course of action, arguably. Allow me to explain why.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Here, the closest action he would have is (1) trespass to chattel or (2) conversion.

Trespass to chattel is when one intentionally interfered with another person's lawful possession of a chattel (movable personal property).

Conversion is the unauthorized assumption or exercise of the right of ownership over goods or personal chattels belonging to another to the exclusion of the other's rights. Carmichael v. Halstead Nursing Center, Ltd., 237 Kan. 495, Syl. ¶ 2, 701 P.2d 934 (1985).

HOWEVER, his actions are barred by statute of limitations which mandate that they must be brought within a certain time of the act.

Either of the above must be brought within 2 years. n K.S.A. 60-513(a)(2). The time begins running even WHILE he was in jail, arguably.

As such, even if he COULD prove that he did not give these to you, at this point, arguably, he can no longer even pursue the matter.

Ergo, someone in your situation may wish to point this out to him in a letter and call it the end to this discussion. Let me know if you need a sample letter.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86626
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 13 other Legal Specialists are ready to help you
Customer: replied 9 months ago.

Thank you so much, I was making myself sick thinking about this all day at work. I thought about the statute of limitations,I was thinking 5 years. Thanks again.

Expert:  Ely replied 9 months ago.
You are very welcome!

Now note that this does not mean he cannot try to sue - he still can... although now you arguably have an affirmative defense.

Also someone in your position may wish to take the stance that he GAVE you these items as well.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86626
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 13 other Legal Specialists are ready to help you
Customer: replied 9 months ago.

since he was telling everyone I wouldn't give him his things, I put them out on a pallet and covered it. A friend of his told him he needed to get his stuff. He won't come and get it cause I won't talk to him. He's taking me to court November 4, (why).
I called the police to see if they could get him to come and get the stuff. Officer told me I needed to talk to a lawyer, and see how long his stuff needed to be out in my yard before the law could do anything.

Expert:  Ely replied 9 months ago.

L, Have you actually been served with a lawsuit? If so, what does his pleading state?

Customer: replied 9 months ago.

The Sheriff Dept. was here earlier, but I didn't answer the door cause I didn't know who it was. If I don't see a car I don't answer the door, he was parked at the wrong house. So they'll probably be back tomorrow or come to my work.

Expert:  Ely replied 9 months ago.
Thank you.

It is never a good idea to delay service of summons because that is not going to do any good.

Once you receive the summons, if you care to, come back and we can discuss (general information only, not legal advice, of course) as to what possibly steps can be taken.

Also, if you have not been served, how do you know when the court date is? Is this something the mutual friend said?
Customer: replied 9 months ago.

Ely, Ralph kept telling people that I won't give him his things.
So Sunday Nov. 20 I put his things out on a pallet and put plastic over it. I contacted a friend of his to forward the message for Ralph to come and get his things. Well this is Tuesday Nov. 22 and his things are still in my yard. I called the police to see if they could get him to come and get his things. The officer told me they can't give out legal imfo. and for me to talk to a lawyer and see how long his things have to be in my yard before the law could take any action. I did text Ralph telling him to get his things before they disappear. He said for me to talk to him and I said no. He text me back you won't talk to me I'll see you in court (why). I haven't done anything wrong, his things are waiting to be picked up.



The Sheriff Dept. was here earlier, but I didn't answer the door. I didn't see a car so I didn't know who it was, plus he was parked at the wrong house. I don't answer if I don't see a car and when it's dark. They'll probably come back tomorrow or come to my work.



He keeps saying or texting, you call or the 4th

Expert:  Ely replied 9 months ago.
L,

There is little I can say until you actually are served with the summons. It is never a good idea to delay service of summons because that is not going to do any good.

Once you receive the summons, if you care to, come back and we can discuss (general information only, not legal advice, of course) as to what possibly steps can be taken.
Customer: replied 9 months ago.

Hello Ely.


Ralph dismissed the case, I thought, but he went back to the court clerk and reopened it. He daid there is a stapler missing and other things, I did find the stapler, but that's it. I have


nothing else of his, plus why should I have to do take it to him.


Is this him still trying to control me?

Expert:  Ely replied 9 months ago.
L,

We do not know this true intention, and whether it is personal in nature or not.

However, I'd still need to know what the summons says... have you received it?
Customer: replied 9 months ago.


Yes, When I came home Thursday it was hanging on my door.


It's for small claims court, This is what he wrote:I've tried to call and text Lorrain to get m,y antique bed and tools from her shed. She won't answer her phone or reply to text. I'm not mad at her, I just want whats mine. I want to do this legally and not ger into trouble myself. Maybe some items in house too. he estimated his things at $500. Court date is November 4 at 10:30 a.m.

Expert:  Ely replied 9 months ago.
Thank you.

Someone in your situation may wish to file an ANSWER to the Court, and then show up at the hearing.

Sample Answer format:

[caption] - TITLE AND PARTIES (just copy of their filing)

DEFENDANT'S ORIGINAL ANSWER (centered)

NOW COMES Defendant, YOUR NAME, named Defendant in the above-entitled and numbered cause, and files this Original Answer, and shows the Court:

GENERAL DENIAL
Defendant denies allegations in paragraph 1 of Plaintiff’s pleading.

Defendant denies allegations in paragraph 2 of Plaintiff’s pleading.

Defendant denies allegations in paragraph 3 of Plaintiff’s pleading.

Defendant denies allegations in paragraph 4 of Plaintiff’s pleading.

(etc)

Defendant denies each and every allegation of Plaintiff's Petition, and demands strict proof thereof as required by rules of evidence and procedure for the State of Kansas.

AFFIRMATIVE DEFENSES

PRAYER
Defendant prays the Court, after notice and hearing or trial, enters judgment in favor of Defendant, awards Defendant the costs of court, attorney's fees, and such other and further relief as Defendant may be entitled to in law or in equity.

Respectfully submitted,
Your Signature
Your name


(NEW PAGE)

CERTIFICATE OF SERVICE (centered)

I certify that on (date filed) a true and correct copy of Defendant's Original Answer was served to the opposing party.

Your Signature
Your name


A copy of something like this would go to the court, and a copy to the opposing party via certified mail, return receipt requested.

Then recall our earlier answer:

Here, the closest action he would have is (1) trespass to chattel or (2) conversion.

Trespass to chattel is when one intentionally interfered with another person's lawful possession of a chattel (movable personal property).

Conversion is the unauthorized assumption or exercise of the right of ownership over goods or personal chattels belonging to another to the exclusion of the other's rights. Carmichael v. Halstead Nursing Center, Ltd., 237 Kan. 495, Syl. ¶ 2, 701 P.2d 934 (1985).

HOWEVER, his actions are barred by statute of limitations which mandate that they must be brought within a certain time of the act.

Either of the above must be brought within 2 years. n K.S.A. 60-513(a)(2). The time begins running even WHILE he was in jail, arguably.


Under Affirmative Defenses, consider adding facts as:

1) Plaintiff essentially is claiming conversion and trespass to chattels.
2) Both of these causes of action are barred by statute of limitations under K.S.A. 60-513(a)(2).
Customer: replied 9 months ago.

Thank you for your help, I just want this done and over with.

It's affecting my work, I broke down at work twice already.

 

Thanks again

 

Lorrain XXXXXXXXXX

Expert:  Ely replied 9 months ago.
My pleasure. Good luck.

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