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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111576
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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There, My case is this: I had my belongings at an individuals

Customer Question

HI there, My case is this: I had my belongings at an individuals house, in which we weren't common law, I was just visiting from another country, and we were involved, and things were getting serious. However, things changed direction and I wanted to get my stuff - which was refused, and then this person sold some of my possessions, and the other stuff i have no knowledge if it was throw out or not.
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
My belongings are in America, I am from Canada.
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
You need to file complaint in Replevin, a lawsuit to get your personal items back at the Courthouse in the State in the United States where the properties are/were located. The lawsuit would be filed at the Courthouse in the County where the properties are/were. If some of the items have been sold, you need to sue for replacement or actual value of the sold items.
Most Courts now offer remote access via telephone or video. So, you may not have to be physically present at the hearing in order to prosecute your case. For more information on remote access to the Courts, click on the link below:
http://courtcall.com/
Customer: replied 1 year ago.
I still have a couple questions.In regards ***** ***** a court case in an online setting such as court call I am a little befuddled by the whole "he said/she said" aspect in which would require subsequent pieces of evidence. Bear in mind I am new to the process, but how in an online setting do you prove certain aspects in relation to ownership of property, the existence of what you claim (smaller articles like clothing, books where there is no receipts) and finally condition of belongings.Another aspect of the case I have is that more time has past than I have liked BUT at the same time I have tried to civilly arrange for pickup or delivery of my items. Even as far as having a flight scheduled there, which ultimately was delayed to the point of expiry of the ticket. This is once again more about the statute of limitations and leaving possessions. No one in there right mind abandons close to $5000 worth of property, but again I have no proof because many things were lost in phone calls never recorded.Finally, can court call be done in a different county if its the only available court call close by/available.
Expert:  Phillips Esq. replied 1 year ago.
I still have a couple questions.
In regards ***** ***** a court case in an online setting such as court call I am a little befuddled by the whole "he said/she said" aspect in which would require subsequent pieces of evidence. Bear in mind I am new to the process, but how in an online setting do you prove certain aspects in relation to ownership of property, the existence of what you claim (smaller articles like clothing, books where there is no receipts) and finally condition of belongings.

Response 1: First and foremost, Courtcall is a remote access to Court and not online hearing. If the Courthouse you would be filing your case allows Courtcall, it just means that the Court would allow you to appear by video or telephone. The Judge and the other parties in the case would be at the physical Courtroom. The rule of evidence is the same. If you are claiming that your properties have been illegally retained or disposed off, you need to show proof of ownership, value of the items, etc.
Another aspect of the case I have is that more time has past than I have liked BUT at the same time I have tried to civilly arrange for pickup or delivery of my items. Even as far as having a flight scheduled there, which ultimately was delayed to the point of expiry of the ticket. This is once again more about the statute of limitations and leaving possessions. No one in there right mind abandons close to $5000 worth of property, but again I have no proof because many things were lost in phone calls never recorded.
Response 2: You need to check the Statute of Limitations for the State where the properties were /are located as to the time you need to file the lawsuit to recover your property or be forever barred from doing so. You can use the site below to find the Statute of Limitations for the State:
http://statelaws.findlaw.com/statutes-of-limitations.html
Finally, can court call be done in a different county if its the only available court call close by/available.
Response 3: This question needs to be addressed to Courtcall or the Courthouse where your case would be filed.
Customer: replied 1 year ago.
Ok, would the code I would be looking for would it be 39-14-103. Theft of property. (In the Tennessee state code) I willfully had my stuff there so it's not theft per se, but it certainly is was sold for profit.
Expert:  Phillips Esq. replied 1 year ago.
I do not have time to research Tennessee Codes. So, I will opt out and give another Attorney the opportunity to further assist you.
Please do not respond to me because doing so would delay a response from another Attorney.
Best wishes,
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. Your previous contributor left and I am a different contributor. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you left your property there and he did not have a right to sell the property or take the property and he sought to permanently deprive you of that property then it would be a theft under 39-14-103, but he will likely claim you abandoned the property, which would stop a district attorney from taking a criminal case and leaving you to file a civil action for damages and return of the remaining property he still has.
Customer: replied 1 year ago.
Ok this is how I guess it unfolded.I have known this person (a woman) for 9 years to this date *(gives you a background in regards ***** ***** idea behind trust, and understanding, ect). Also the understanding of relationship and circumstances.I had visited from time to time, but didn't live with her, but was planning to as things evolved more. I was there on several occasions staying from a week, to a month (my last trip there) each trip I brought more stuff via plane. She had no problem with, because we were getting more involved. I still asked her would it be better to have a storage shed or any other place - she said No, its fine here.Now, this is where I feel I was intentionally screwed over. I was planning to go back April of 2014, and had a plane ticket booked which was originally for March, then changed to April. Plane tickets you can use for 1 year from date of purchase. On two occasions it cost me $50 plus Gst just to switch the ticket to a later date. During this time, the circumstances and relationship had fallen apart. At the same time, I was refused to come pick my stuff; now time has passed on because of one factor. She kept on delaying my ability to come there, she always said I am working I have no time for anyone there. Now, in about Aug/Sept of last year (remember we have know each other at that point about 8 years) she stopped talking at all with me and it was incredibly hard to get a hold of her - she didn't answer the phone didn't respond to texts. I am very understanding of situations and people at the same time my work from the months of ,may to sept are busy (i do 60 hour weeks)
Eventually, I had to go as far as contacting her mother. From August till about March of this year (2015) I finally heard from her when she said I sold one of your items (an amp worth over $2000) . I was infuriated, and angry with her I didn't care if she was 6 feet under.There was that period between April of 2014 (the ticket was purchased Nov 3 2013, exp Nov 2014 I could have used the ticket to pick my stuff up) so of course i was angry I was baited into this situation, where it looks like things were abandoned. Now, no human being leaves close to $5000 worth of items to be sold off.The other factor was her telling me recently that I had a statute of limitations when i can come pick my stuff up. 1) at the time she said she was to busy I had one plane ticket, plus the obvious cost of a hotel for 1-3 nights (depending on how long it took) I wasn't going to play any reverse psychology with someone - if you want to end things ok let's arrange to have your things picked up. It's far, it's expensive to travel (already changing the plane ticket twice. I also was afraid of things being destroyed because of how she and her daughter would say maybe things are here, maybe i threw them out.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
There is no real "statute of limitations" as to when you could go pick up your stuff, she is making that up. Before she disposed of any of your property in this situation, she had to give you written notice to come and get it and a reasonable time to retrieve it.
What you need to do here is to actually sue her in civil court in TN, which is required if you are suing to recover personal property (small claims court can award you only money damages, but if you do not sue to get any of your property back and only for money damages you can sue in small claims in TN without an attorney, even though you would have to appear there personally to sue).
Customer: replied 1 year ago.
Ok, so my only choice is to have to come there, so something like court call would be out of the question. The things i know she sold i have receipts from. Items like clothing, books, ect i don't have receipts, so would it be more worthwhile to just go to small claims court. Also the cost of flying (the original ticket) and cost of changing multiple times can I be reimbursed for that. .
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
We do very few trials on the internet, you you have to appear. The clerk can allow you to file the suit by mail or online, but you still have to have the other party served and then the trial has to be set and you have to appear for trial.
You can add in the reasonable costs of travel to your suit against her. You could seek to get the change costs covered too since she made you change them.

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