he was told to to bring an officer to pick up his personal belongings on 2 occasions by the court august 16. I am selling my house and need his belongings removed, how long do I have to wait
DUI / DWI Attorney
I don't have enough information to give you a full answer, however, you do not need to wait at all or do anything. If you need his belongings removed you will either have to do it yourself or make arrangements for him to do it while you are not present - but your representative is.
This isn't really a family law issue, however there are a few recommendations that I would make.
I agree with the prior responding attorney that there isn't a set amount of time. However, I would recommend that you send him a letter confirming his prior opportunity to remove his belongings, confirming that he failed to take that opportunity, and giving him a deadline to remove his things from the residence. You should identify a means that he may do so to avoid problems - such as appropriate time windows and third parties who you feel comfortable coming to the home. This will help to avoid issues if he fails to show and you need to dispose of the belongings in some fashion. You should also keep a paper trail throughout the process just in case.
Best of luck to you.
Please be advised that this answer in no way constitutes legal advice, and is only intended to guide you in determining an appropriate direction for individualized legal consultation and/or representation. This answer should not be relied on, as each legal matter, and the appropriate course of action, is entirely dependent on the specific facts of your particular case. You are encouraged to seek the advice and guidance of a respected and experienced attorney practicing in your community to assist you. Please be advised that this answer does not create an attorney-client relationship and these communications are neither privileged nor confidential.
Criminal Defense Attorney
Ms. Russo has answered the question with great clarity. I would only add that a certified return request letter be sent to him so you can show proof of receipt. Do not open the letter if it is returned. A judge may need to do that should he later file a small claims or larger civil suit. You might also call a family member of his and ask that they as the third party come and pick up his things. Have a witness present for you if you intend to be there should any third party family member take the items. Have a list of the items prepared and the party picking them up sign off on the same. Keep the signed list in case of future action. In your letter to him let him know of the intention to call his third party family member should he not appear. Good Luck. Hope this helps?
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