im a little confused, im suing my ex roommate and her current roommate for property damage. while i was on a trip in hawaii she and her new roomate moved my stuff out of the apartment and into storage. (keep in mind i was not on the lease, it was more of a verbal contract) during this move my furniture and tv got damaged. also some of my furniture is missing she claims she has no idea where its at. im taking this matter to small claims court since she doesnt want to work things out.
on the form it stated "Please STOP...
If this case:
• Is (an eviction). for forcible or unlawful detainer"
i just want to make sure i dont fall under that catagory also i'd like to know if i have a case, and advise or tips would be greatly appreciated.
Your cause of action is "trespass to chattel" (for the damage) and "conversion" for the property that is missing.
Attorney is Licensed in Arizona, California, and Colorado only. The opinions and comments offered are in the nature of general business advice relating to generic questions that might be raised. The use of this site is not intended to form an attorney client relationship of any kind. The reader is advised that every situation is different and you should always consult in person with a licensed attorney for the particular jurisdiction in question when your legal rights may be effected.
Debt Collection Attorney
No, your claim is not a forcible detainer action. A forcible detainer (eviction) is a claim brought by a landlord against a tenant to remove the tenant from the property.
William Fife is an Attorney with Fife & Cesta, a compassionate firm conveniently located off the US 60 in Mesa, Arizona. The answers given here are based on the information in the question; for a complete answer you should have a consultation with an attorney you trust. Call now for a free bankruptcy consultation. We carefully evaluate your situation and give you real advice.
Criminal Defense Attorney
As the other attorney pointed out, your law suit is for Conversion of property for anything missing (this is the civil version of theft). It is also for Trespass to Chattel (they trespassed against your stuff). I think you might have picked up the eviction/forcible detainer paperwork by accident. Maybe you had that subject in your mind, since your friends basically evicted you. You need to get the forms for a basic small claim or basic civil case. Below is the link to the Self Service Center of the Court, where they have all of these forms for you. Good luck!
NONE OF THE INFORMATION PROVIDED HERE IS MEANT AS, NOR INTENDED AS LEGAL ADVICE. THE LAW IS CONSTANTLY CHANGING AND INFORMATION DISCUSSED IN THIS BLOG CAN BECOME OUT-DATED WITH THE PASSAGE OF TIME. IF YOU HAVE A LEGAL ISSUE AND NEED LEGAL ADVICE, CALL 623-936-1901 FOR A CONFIDENTIAL LEGAL CONSULTATION WITH AN ATTORNEY.