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  1. #1
    Join Date
    Jun 2012
    Posts
    3

    Default Can You Prosecute Your Ex for Failing to Return Personal Property

    My question involves criminal law for the state of: New York
    Hello,
    Ex refuses to return my property (iPad) even though he has been given a multitude of opportunities to do so. Given the value of the item, -$500, it would be considered a Violation of New York State Penal Code Article 155.25. The charge being a Class A misdemeanor. Is this correct and is there any other recourse given that the individual is not cooperating? How do I proceed, court or the police station? Thank you.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,979

    Default Re: Can You Prosecute Your Ex for Failing to Return Personal Property

    Ex-spouse or ex-girlfriend/boyfriend?

    Your ex- has given what explanation for keeping the iPad.

  3. #3
    Join Date
    Jun 2012
    Posts
    3

    Default Re: Can You Prosecute Your Ex for Failing to Return Personal Property

    Ex-boyfriend. He has given no rational explanation for retaining the iPad and his responses via text are hostile. Furthermore, interference from a third party that we both know is complicated as he asserts that he will disclose compromising pictures of myself (sexual). I donīt know how to proceed and to be quite frank the situation is exasperating.

  4. #4
    Join Date
    Jul 2010
    Posts
    2,540

    Default Re: Can You Prosecute Your Ex for Failing to Return Personal Property

    So what are his irrational explantations? How did your ex come to be in possession of the Ipad?

    I'm not following the 3rd Party thing. Is the third party saying they will disclose the pictures or is ex saying they will disclose them to a third party? Why is the person making those statements?

  5. #5
    Join Date
    Jun 2012
    Posts
    3

    Default Re: Can You Prosecute Your Ex for Failing to Return Personal Property

    He hasnīt given an explanation except that he wants a confrontation essentially. It was lent to him for his trip to Maryland, it was expressly stated that it was not a gift. Ex will disclose photos to third party as retribution for ending things.

  6. #6
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    5,072

    Default Re: Can You Prosecute Your Ex for Failing to Return Personal Property

    Meet him in a public place. Tell him in advance, in writing, that you want your property back.

    Do you still have the receipt? If so, you can likely take him to Small Claim Courts in the county in which he lives.

  7. #7

    Default Re: Can You Prosecute Your Ex for Failing to Return Personal Property

    You willfully put the phone in his possession. That means police aren't going to get involved and are going to tell you it's a civil matter. Sue him in court for the return of the phone or it's value.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    #1 lesson: The only person who can give YOU legal advice is YOUR attorney

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