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my girlfriend and i broke up she refuses to let me get my things out of her house i have cancelled checks from paying her rent how do i get my stuff back

Submitted: 50 days and 11 hours ago.
Category: Legal
Value: $38
Status: AWAITING CUSTOMER ACTION
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just talking with her on the phone

Posted by LawTalk 50 days and 11 hours ago.

Answer

Good morning,

I'm sorry to hear of your dilemma.

If the things you are talking about are personal things like clothing and toiletries, you can ask the police to escort you/stand by while you obtain your things, presuming that you lived there with her. On the other hand, if you are talking about a house full of furniture, you'll have to sue her for Replevin and get a court order. The police will not stand by while you load a van full of things or, while your ex screams that she owns what you are attempting to remove. As an attorney I have been involved in a number of these stand by situations and they can get extremely heated.

If you still have a key to the place, you can wait until she is gone (to work, out of town, etc.) and remove ONLY your things. DO NOT remove anything that the two of you might own jointly as you will be charged with theft.

If you can not gain the assistance of the police and have no way into the home to get things yourself, the law requires that you get a court order to recover your things, I'm afraid.

I wish you well.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug

50 days and 11 hours ago.

Reply

what she has is my clothes,two guns registered to me,some tools and paperwork i dont care about the furniture as much so how do i get a policeman to go with me and if i have to go to court what type of court

Answer

Good morning,

You should be able to get the police to assist you with recovering those few things--ESPECIALLY when you tell them that she has your two guns! Be sure to take proof of ownership of the weapons with you to meet the police--they will demand to see proof if you expect them to turn the weapons over to you.

If you have to go to court, you will need to file a Replevin complaint in your local court house.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug

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Expert: LawTalk
Pos. Feedback: 99.1 %
Accepts: 
Answered: 10/1/2009

Attorney

I am a practicing attorney with more than 25 years of experience in the legal field.

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