My former roommate took of all my belongings with him when he moved out of our house. How do I go about getting my stuff back?
3 attorney answers
You cannot get damages for pain and suffering, but you may be able to get triple damages, for conversion of the assets. I suspect this person is not expecting you will challenge him on this. Since the value of the suit is over $5k, you will need to file in district court instead of small claims court.
Best of luck to you!
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If this needs to be handled in civil court then, as previous counsel mentioned, you could sue for conversion. Conversion is the act of one person taking someone else's property in such a way that they deny the owner possession of it and use the property without legal authority to do so (paraphrasing). The beautiful thing about conversion, is that it allows you to collect triple damages. Under this scenario, the law would allow you to go after your former roommate not only for the value of the property, but potentially to be awareded 3 times the amount of the value.
If the property can be identified as yours and he knowingly took (stole) it, it is a crime and he can be made to return it to you either through the prosecutor's office or through civil litigation.
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