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My ex has some of my belongings at his current girlfriends…

Customer Question
My ex has some...

My ex has some of my belongings at his current girlfriends house namely a coin collection I have had since I was a child. He says when he thinks I deserve to get the item back he will give it to me. The coins are not in themselves worth anything more than sentimental value it's just been my hobby as a kid but it means a lot to me which is why he won't return it. I am in NSW Australia what is my position with regard to having this returned to me

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

NSW it is not to do with real estate it is a coin collection

Lawyer's Assistant: Has anything been filed or reported?

No as we have children and are co parenting I have been trying to keep things civil. Everytime I ask him he just says when you are good I will give it to you. I have run out of patience.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't know he has been violent to me in the past I did apply for a AVO against him last year but withdrew it as I had health issues (I have cancer) and I needed him to assist in looking after the children when I was sick and if I had gotten the AVO he would not have been able to do that.

Submitted: 11 months ago.Category: Australia Law
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Answered in 5 minutes by:
9/15/2017
Solicitor: Leon, Solicitor replied 11 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,933
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

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Customer reply replied 11 months ago
No I would rather do this online
Customer reply replied 11 months ago
what are my rights? how can I make him give me back my stuff??
Solicitor: Leon, Solicitor replied 11 months ago

Good Morning

If they are yours then you have a right to have them returned.

If your ex is prepared to get them for you then he should

If he refuses then you have to start the process by sending him an email or letter requesting he return them to you as they are your property.

If he refuses then you can contact the police. If the police say it is a civil matter and will not get involved then you have to consider taking court action to get an order they be returned to you.

As they have more sentimental value you will have to do this on your own as using a solicitor will be too expensive.

But you have a right to your property.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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