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Allen M., Esq.
Allen M., Esq., Attorney
Category: Legal
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Experience:  Lawyer and legal specialist.
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Can you answer a question about whether or not i would have

Customer Question

Customer: can you answer a question about whether or not i would have a case in Texas small claims court?
JA: Thanks. Can you give me any more details about your issue?
Customer: my ex daughter in law was living with about 10 years ago and her and my son just divorced. i have discovered that she took a family heirloom quilt out of my house back when she left my home and i just found out about last year after their divorce. she admits she took it and has it but will not return it. it is not replaceable because my grandmother made it for me and she has since passed away.
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Submitted: 11 months ago.
Category: Legal
Customer: replied 11 months ago.
i have made payment when will i get an answer?
Expert:  Allen M., Esq. replied 11 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

I have a few questions that will help me better assist you today.

Unfortunately no, that cannot be done in a small claims court. Now, you could sue in small claims for the maximum amount and, if awarded it, you could come to an agreement with the ex-daughter in law to trade the quilt against the judgment. However, the small claims court can't order anyone to do anything, give any item or engage in any behavior. They are a limited jurisdiction and can only award monetary damages.

To have an item returned, which is legally possible, you'd have to use a higher county or state level court, where they judge has the power to issue an order disposing of property.

Expert:  Allen M., Esq. replied 11 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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