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What actions can I take against someone who is withholding…

Customer Question
What actions can I...

What actions can I take against someone who is withholding my mail and personal property simply because I moved out of their residence?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Michigan

Lawyer's Assistant: What steps have you taken so far?

I have reached out to this person with no response but I have informed emails from the USPS stating that mail has been delivered to that residency.

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

What else would the lawyer need to know?

Submitted: 1 month ago.Category: Legal
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Answered in 2 minutes by:
3/22/2018
Lawyer: Loren, Attorney replied 1 month ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 37,328
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.
I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.
I appreciate your patience as I review your question. I will post my response shortly.
This is general information and no attorney client relationship is established.
The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.
There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.
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Lawyer: Loren, Attorney replied 1 month ago
Have you reached out to the police for assistance? Sometimes they will accompany an individual to reclaim their possessions in a domestic situation. Just as often, though, they will demure, citing the civil nature of the matter, but it is worth a try.
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Lawyer: Loren, Attorney replied 1 month ago
Otherwise, if you can not reach an agreement with them to retrieve your property, you may have to file a petition for a writ of replevin.
When someone holds your property, after obtaining possession lawfully, the legal remedy is to file for a writ of replevin (called a "turnover order" in some jurisdictions) in the state and county where the property is being held. That is a petition where you ask a judge to restore possession to you of your property being held by someone else. The order to restore possession is under threat of being held in contempt. The court also has discretion to order money damages for the loss of use.
While it is possible to proceed pro se, equitable remedies can get complicated and an attorney is recommended.
If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:
http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspxIt is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.
Did you have further questions? Have I answered your question? Please let me know.
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Lawyer: Loren, Attorney replied 1 month ago
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