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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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This may seem silly but everytime I send my son to his fathers

Customer Question

This may seem silly but everytime I send my son to his fathers I have an issue with getting certain things back. Electronics to be exact. He won't give back my iPhone and I paid for it. We don't live in the same state, I have learned not to send such things anymore but what can I do to get my items back?
Submitted: 2 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
This is not silly at all, as this is ultimately theft. To answer directly, you always have the right to file suit in small claims against the other parent for value or for 'replevin' (return of personal property that belongs to you). Since the theft occurred in his state, you'd need to file in his state to pursue it but you can sue for value for all of the items taken. If you wish, I can research the dollar amount limit in the state where he is located, and the look-back period for the items (meaning how far back you can go to sue for value). It is not ideal, but perhaps if he is being so petty and is expecting you to not pursue it, perhaps pursuing him then is in your best interest.
Dimitry, Esq.