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My ex has bn withholding my personal belongings at the home…

Customer Question
My ex has bn...

My ex has bn withholding my personal belongings at the home I shared with him. He wrongfully evicted me and I was scared to return or seek legal help

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

New jersey

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

No. I’ve been afraid that he would destroy my belongings

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

It is a home full of personal belongings of myself and my children. I lived there for over 3 years. I am fearful of this man and forced to still pay his cell phone bill so that I have contact with him even though he told me to leave in July without an eviction

Submitted: 7 months ago.Category: Legal
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Answered in 1 minute by:
12/5/2017
Lawyer: LegalKnowledge, Attorney replied 7 months ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,377
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Lawyer: LegalKnowledge, Attorney replied 7 months ago

Have you tried to return to gather these items? Does he still have them?

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Customer reply replied 7 months ago
I have sent several text messages asking when can I come retrieve my belongings but he is uncooperative
Lawyer: LegalKnowledge, Attorney replied 7 months ago

Thank you for the reply. He has no legal right to keep your personal items. If he illegally and wrongfully evicted you and will not allow you to retrieve these items, you can turn around and sue him, for their value or the return of them. Moreover, you shared that he does not cooperate, so why do you need to pay his cell phone bill and can stop paying, unless he allows you to get these things.

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Customer reply replied 7 months ago
I am afraid that if I disconnect the phone he will destroy any property he still hasn’t destroyed
Lawyer: LegalKnowledge, Attorney replied 7 months ago

If he does that he would be liable. He cannot destroy or keep it and if he does not want to return it, you need to sue him.

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Customer reply replied 7 months ago
I don’t know how I go about that
Lawyer: LegalKnowledge, Attorney replied 7 months ago

You could sue him in small claims court and obtain the forms from the clerk of court or retain an attorney to represent you and act on your behalf and go after him, for the attorney fees.

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Customer reply replied 7 months ago
Is there a legal time frame on when I can sur
Lawyer: LegalKnowledge, Attorney replied 7 months ago

Yes, injury to personal property is 6 years

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Customer reply replied 7 months ago
if he threatened me not to return to the home and changed locks which forced me and my children to leave behind our belongings and find a place to stay is that legally allowed
Lawyer: LegalKnowledge, Attorney replied 7 months ago

No, it is not and you could sue him for monetary costs as well, if you were not properly evicted and he used self help, to get you out

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Customer reply replied 7 months ago
But how do I prove what I left behind in the home if many things were items such as gifts or sentimental items that I don’t have receipts for
Lawyer: LegalKnowledge, Attorney replied 7 months ago

You would need to testify to this. You would want and need to describe what items he has and show they belong to you.

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Customer reply replied 7 months ago
I really don’t understand how anyone can “show” that if I have nothing
Lawyer: LegalKnowledge, Attorney replied 7 months ago

Because your testimony is evidence for the Judge to consider. You would need to testify what is there and what is yours and ask for the return of it or the value of the item.

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