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
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.
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!
James Frederick
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Well what do I file? I've talked to legal aid 3 times and they keep telling me different forms I have to turn in to file? I took law in high school but it's definitely not my major so i'm pretty lost in all this.
Also what constitutes as abandonment of belongings?
You would need to file a summons and complaint. What constitutes abandonment depends on the facts. Were you advised that you needed to retrieve your belongings or they would be removed? It sounds like he simply TOOK your stuff. How can you "abandon" something that someone else stole from you? Facts are critical in cases like this. You may need to consult with an attorney to review all of your facts to determine how best to proceed. It would make a difference, for instance, if you left and left your stuff behind for 6 months, despite repeated calls from your ex-roommate to come and get your belongings or they would be disposed of.
I had left and told him i'd return within a week to retrieve them. When I came back for them he was gone along with my stuff. He never told me he'd remove it if I wasn't back for in by a certain day. Thank you for your input.
I would say that if you came by any time close to a week, he has a very weak argument. If you came back 3 months later, that might be a different thing, especially if there was no communication.
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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.
So there is no misunderstanding, this answer does not create an attorney/client relationship and you cannot presume that I am your lawyer or that my advice can be relied upon in any way other than for information only. You will not become my client unless and until you retain me.
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How would I go about sueing for conversion? I would first file the summons and complaint correct, but then what would I have to do?