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Old 03-02-2010, 09:07 PM
 
1,237 posts, read 3,449,350 times
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I'm not sure you can report anything stolen (unless he sold it) because you left it there. He didn't keep it from you. It's technically not his responsibility to drive it down to you (while I agree it would be a nice gesture).

In fact, if he's as much of a dbag as it sounds, I wouldn't put it past him to try and charge you for 'storing' the items.

So while the items are yours, if he hasn't done anything to keep them from you (which it doesn't sound like he has taken anything hostage), I don't know how much a court/the law can do.

 
Old 03-02-2010, 09:08 PM
 
Location: In the Pearl of the Purchase, Ky
11,087 posts, read 17,545,902 times
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Quote:
Originally Posted by spinx View Post
If it's your stuff of course you have legal rights to it. Get up there, call the police, and get your stuff, report the other stuff stolen if he sold it. What makes that so difficult?
The police will say it's a civil matter and to get a lawyer. I've seen that happen to friends a couple times. As far as saying it's stolen it would be your word against his, unless you can get the person who gave it to you to give proof of when it was given to you.My exwife's uncle remarried and 5 years later she wanted a divorce. While he was at work she took around half of what was in the house and, with her two sons who drove 250 miles to help, took it back to where she used to live. He called the sheriff as soon as he discovered it. Sheriff told him that was a civil matter. She didn't steal anything because of the fact they had been married.
 
Old 03-02-2010, 09:09 PM
 
5,879 posts, read 9,252,780 times
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ATF Online - Bureau of Alcohol, Tobacco, Firearms and Explosives
 
Old 03-02-2010, 09:10 PM
 
11,864 posts, read 17,004,194 times
Reputation: 20090
Quote:
Originally Posted by himain View Post
What is difficult is that over a week ago I could have gotten the stuff. Now I cannot. Now he can come down here but he refuses to. Also, I have tried numerous, numerous times to get ahold of him over the past six months to go up there and get my stuff. He simply wouldn't answer my phone calls or texts.
Well, if you want your stuff you'll do what you can to get it. I don't know if you are schackled to your house or what, but I don't see how you can't figure out some way to get up there - or hire someone to do it for you.

Contact the appropriate authorities and let them take it from there.
 
Old 03-02-2010, 09:11 PM
 
Location: Hot Springs, AR
5,612 posts, read 15,116,949 times
Reputation: 3787
I understand about having stuff you are not willing to part with. Is there anyone you trust who will go get your stuff so that you know it is safe? Especially the gun. Sorry if you've already tried that but it wasn't mentioned.

Not to be rude, but if we had broken up and you left stuff, it would be up to you to get it, regardless of what I was doing. It not his responsibility to get your stuff to you. If no one else is available to get the stuff until you can make other arrangements, ask him nicely to crate up your things and pay to ship them to you. And if your gun doesn't make it, definitely report it.

You don't really want to p**s him off. What if he decides to have a bonfire with your stuff? Diplomacy is really needed here. You are on a tightrope and he's enjoying watching you twist.

Good Luck

Last edited by CESpeed; 03-02-2010 at 09:27 PM..
 
Old 03-02-2010, 09:14 PM
 
11,864 posts, read 17,004,194 times
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Quote:
Originally Posted by kygman View Post
The police will say it's a civil matter and to get a lawyer. I've seen that happen to friends a couple times. As far as saying it's stolen it would be your word against his, unless you can get the person who gave it to you to give proof of when it was given to you.
If she wants to get her stuff from him and feels like he's threatening, the police will escort her on the property. A lawyer won't have anything to do with that. I've seen it on COPS. lol
 
Old 03-02-2010, 09:18 PM
 
851 posts, read 3,627,125 times
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Think this way. you two are separated so he's a stranger to be at the best and an enemy at the worst. Would you ask a stranger or enemy to drive your stuff down?

If you were like this to me, I would charge you big time. Not because I need the money, but because of your attitude.
 
Old 03-02-2010, 09:20 PM
 
3,440 posts, read 8,041,152 times
Reputation: 2402
Quote:
Originally Posted by himain View Post
This is getting serious and I need serious advice. If you can't contribute anything positive without being rude or negative towards me, please do not respond. I'm at my wits end here...

The ex and I separated 6 months ago. I packed my car up with as much stuff as I could and shipped down 22 boxes via Fed Ex with all my belongings or what I had left. I sold/left everything in the house except for his bedroom set and a dining room table and misc kitchen stuff. I lost thousands and thousands of dollars as I had purchased all that stuff myself. Now I had to leave some things up there as I didn't have room in my car: Romero Britto Serigraph professionally framed (very large), a very, very large original horse painting, Dyson vaccum, LG surround sound, misc. clothing and my shotgun. Now I had contacted him two weeks ago to let him know that last Sunday (21st) I was going to drive up there and get my remaining stuff. We agreed and I told him I would call him Sunday to confirm everything. He never answered phone on Sunday or Monday so I didn't drive up there because I didn't know what was going on and I was going to drive 1000 miles without knowing a solid answer. He finally called me Wed and I was like I was going to go up there and now I can't. (I had orientation for a new job on Sunday, 28th) Plus the weather up there wasn't good anyways late in the week.

So he told me that he got fired from his job so he can collect unemployment (please lets not go there) and attend photography school in April. I'm like since you have no job and nothing to do for the ENTIRE month of March, can you please drive the stuff down and see your mom too. (he hasn't seen her since Turkey Day of 2008). He refuses to drive down and tells me to go up there and get my stuff. Well now I can't as I start work Sunday and it took me months and months to get a job so I'm NOT blowing it. I called him numerous times as I need copies of the new insurance id cards and he's not responding to calls or texts.

He finally responds tonight. He told me that he will not drive down here as he's got no money. I asked him where his $4000 in tax refund money went and he told me its none of my business. (he owes me $15000) He told me to come up there. I told him I can't due to me actually having a job and since he has nothing better to do, then why can't he bring it down. I even offered to reimburse him for gas/hotel. He said he would bring it down in summer when he has a three week break from school and I asked why can't he do it now??? I cannot guarantee that he's even going to attend school. He said he would get a quote on shipping the Britto, vaccum, surround and clothing and would hold onto the gun and the big painting until I could come up there. I started getting pissed at this point where he then said "I'll drive down there tonight and beat your Fing ass you Fing "C"!!"

I couldn't believe it. I do NOT know who this person is. He never, ever spoke to me like that nor threatened me..Here's my question: Do I have any legal recourse to get my stuff?? As soon as I have confirmation from UPS/Fed ex that my stuff is being shipped (minus horse painting), I"m contacting the police to report my shotgun stolen. I cannot have that gun, which is registered in MY NAME, in this house with him and 3 strangers living in it. Who knows what could happen with it???

Now this is stuff I AM NOT willing to part with. Those paintings were purchased for me from my rich ex. I financially cannot replace them and do not want to. They are basically all I have left besides the boxes sitting in a storage unit. At this point, I'm afraid he has sold my paintings...Any advice is really appreicated here...I really do not know what to do at this point..
himain, why waste the public services time with reporting property stolen that you intentionally left? To be honest, you should have put what you couldn't have taken with you in storage.

Anyhow, my solution is to call your x and ask him to put your stuff in storage. If he does this, he can finally move on, and you can then pick up your stuff when you get the time (this only works if you can actually trust that he would be responsible enough to put your belongings in storage).
 
Old 03-02-2010, 09:21 PM
 
851 posts, read 3,627,125 times
Reputation: 455
Quote:
Originally Posted by spinx View Post
If she wants to get her stuff from him and feels like he's threatening, the police will escort her on the property. A lawyer won't have anything to do with that. I've seen it on COPS. lol
You do realize that it's HIS house - whatever in his house, technically, belongs to him. Unless there's clear court order, it's impossible for cops to be involved. In fact, he could shoot her on sight in his house and get away with it.

Do not get this escalated any further. Play nice and be grateful that he has not sold anything on eBay.
 
Old 03-02-2010, 09:22 PM
 
Location: Beautiful New England
2,412 posts, read 7,178,364 times
Reputation: 3073
Quote:
Originally Posted by himain View Post
Do I have any legal recourse to get my stuff??..Any advice is really appreicated here...I really do not know what to do at this point..
You do not have legal recourse in terms of having him send the stuff to you. However, you do have legal recourse in having the stuff turned over to you in person (i.e. he cannot be required to send it to you). If your stuff is in his place, he must either allow you access to his place for you to get your stuff or he must turn over your property to you where it is currently loctaed. A small amount of decency would have him send it to you, of course, but he's already shown himself to be below that.

Bottom line: you're gonna have to go there to get your stuff. If he refuses to give it to you when you show up, then you have legal recourse to get it but that will take a court order for him to turn the stuff over to you,. And if it devolves to that, given what you've told us about this guy I'd say the odds of him trashing the stuff are pretty high.
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