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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102496
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My Army Vet son moved in w/girlfriend. He bought furniture

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My Army Vet son moved in w/girlfriend. He bought furniture for them. They were together almost 2 yrs., he moved out & living w/us, since last Oct. & she agreed to make payment on furniture. She did so for a while, now payments are late. She moved from orig. apt & might be able to find out where she is. The question is.. how do we go in & confiscate the furniture, since everything is in son's name?? PS - he just found a job 3 weeks ago & doesn't have much money. Also, he's been getting help from VA hosp. for various things. Any advice would be much appreciated.
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 son's situation. Can you please tell me:

1) What is the value of the furniture?
2) Is there any letter, email, or text that has her state that the furniture is solely his?

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 3 years ago.

Sorry for the delay - trying to get figures straight. Value to furniture was$4,476.43. The whole account is in son's name, & total due on account is $1,536.64. She had nothing to do w/signing anything, everything is in his name. As of today total due on account is $1,536.64 & the last payment she made was in May. All we want is the furniture back & he'll have to suck up making payments I guess. Right??

Thank you.

Well, in this case the answer is yes, this is possible. However, it is not 100% automatic. The issue here is that if they lived together, then it would be assumed that he purchased the furniture as a gift for both of them. As such, the Judge may assume that this was a gift, and she is entitled to roughly half, unless he can demonstrate by a preponderance of the evidence (which is 51% or over) that it was agreed-upon and/or understood that the furniture was to be his, only. This becomes a largely he said/she said matter.

The way that someone may wish to petition the Court is via a Writ of Sequestration under Texas Civil Practice & Remedies Code - Chapter 62. See here. Essentially, the writ asks the Court to give your son something which rightfully belongs to him. At this point then, the Court will decide whether there is enough evidence to consider it 100% his, based on what he says, and what she says (if she challenges the Writ).

An example of this Writ may be found here, although him using an attorney is best. Let me know if you need help with a referral, and/or, for low cost/pro bono referral, possibly.

Good luck.

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Customer: replied 3 years ago.

Thanks for all your assistance. Just learned that she sold most of the furniture & only a couch & chair are left. Not sure how to proceed now, maybe she'll agree to make payments. Will see how that goes.
I worked for a large law firm in Dallas for about 26 yrs, then at a smaller firm about 2 yrs before that. Then worked for the US Marshal's office, Dallas about 10 yrs. Have never run across what we are putting up w/now, but I really appreciate your help/assistance in this matter. Your help is appreciated. Many thanks.





Ah, I see. Well in this case, going with the theory that the furniture was his and only his to begin with, he may wish to scratch the Writ, and simply file suit for money had and received.

A claim for money had and received arises when the defendant obtains money that in equity and good conscience belongs to the plaintiff. It is an equitable doctrine applied to prevent unjust enrichment. Hunt v. Baldwin, 68 S.W.3d 117, 132 (Tex.App.-Houston [14th Dist.] 2001, no pet.).

A cause of action for money had and received is not based on wrongdoing but, instead, “looks only to the justice of the case and inquires whether the defendant has received money that rightfully belongs to another.” Amoco Prod. Co. v. Smith, 946 S.W.2d 162, 164 (Tex.App.-El Paso 1997, no writ).

Your help is appreciated. Many thanks.

You are very welcome. Good luck, and please don't forget to rate my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please REPLY to keep on chatting – I want you to be satisfied.