I agree with my colleagues - take the path of least resistance and replace your documents. Then get a safety deposit box at your local bank and keep the documents in the box that only you have access to. You should add at least one trusted family member to the signature card so if you die they can get into the box. (My guess is your ex didn't throw these documents out - but this is his way of getting back at you, one last way to try to manipulate and control you.) http://www.portlandlegalservices.com
The comments by this author to questions posted on Avvo are designed to foster a general understanding of what... more
The comments by this author to questions posted on Avvo are designed to foster a general understanding of what might be the law governing the area of the legal problem stated and suggest what might be the approach to finding a legal solution. Under no circumstances is this author acting as the attorney for the party who posted the question or as the attorney for subsequent readers to the question or response and no attorney client relationship is being formed. This attorney's comments are not intended to be a substitute for getting legal advice from a licensed attorney. A reader of this author's comments should never act on the information provided in these comments as though these comments were legal advice and should always seek legal advice in a personal consultation with an attorney in their jurisdiction before taking action. The information provided here is not intended to cover every situation with similar facts. Please remember that the law varies between states and other countries and is always changing through actions of the courts and the Legislature.
The simplest solution, if he indeed threw your documents away, is to get new documents. That doesn't address the anger and frustration you must feel about it, but it certainly is the simplest. It will cost you a few bucks for the replacements, but it will be much cheaper than hiring a lawyer to sue him. Alternatively, you could contact the police and see if they are willing to take a report. Maybe they would charge him criminally. If law enforcement is unwilling to charge him, then you could sue him civilly. But again, the cost of suing him would outweigh the cost to obtain replacement documents yourself.
Which one you do first depends on what documents you still have in your possession. I would start with the birth certificate - that's bound to be on file.
Please read the following notice:
Jay Bodzin is licensed to practice law in the State of Oregon and... more
Please read the following notice:
Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation.
Northwest Law Office,
2075 SW First Avenue, Suite 2J,
Portland, OR 97201
| Telephone: 503-227-0965
| Facsimile: 503-345-0926
| Email: email@example.com
| Online: www.northwestlawoffice.com