Ex Boyfriend Sues from Prison

**holliwood612** · 12-22-2009, 01:22 PM

My question involves personal property located in the State of: Michigan

My ex boyfriend and I lived together for 9 months. He got a DUI and was set to go to trial. It was not his first time, so we both knew he would go to prison. Durning the two months prior to the trial he did nothing with his personal property. He had a bunch of tools and several junk cars at our rented home. He was sent to prison for 8-50 years. I had him mother come and get his tools and cloths. She said that everything else was junk and she was not going to take it. I didn't want to deal with him at all, due to the fact that he is very abuseive. I had to move, so I had friend come and hual all the junk(cars, boat, motors etc..) away so I didn't get charged by the landloard. Now amost two years later, he is sueing me from prison for $35,000, for the junk. Does he have a right too? He abandoned his property, he had several weeks prior to being locked up to secure his property, but just left the burden on me.

**Mr. Knowitall** · 12-22-2009, 04:24 PM

Does he have the right to sue you? Sure. That doesn't mean he'll win.

This is a lawsuit in circuit court? Does he have a lawyer? He's still in prison?

**holliwood612** · 12-23-2009, 05:57 AM

Yes the suit is in circuit court. Yes, he is still in prison, he's 1 1/2 into a 8-50 years. No he does not have a lawyer. He represents himself, he is to this whole personal sovereignty thing. This is the same thing that he did...

http://www.loweringthebar.net/2009/0...ore-valid.html

He did not give up. The whole thing went to trial, it was crazy.

He has all the time in the world to send me more and more paperwork, and the court is letting him.

Thanks,

Michelle

**zedex** · 12-24-2009, 11:44 AM

I would think that having a restraining order placed on him would either stop the paperwork and thus, entire process or force him to hire an attorney to represent him. Giving financial conditions, this would limiting for him and should he find an attorney willing to do this, you would certainly be dealing someone not too bright. Also give the institution where he is housed a call and make them understand that he is harrasing you. Maybe they will intercept his letters to you.

**Mr. Knowitall** · 12-24-2009, 11:47 AM

There's no magic restraining order that prevents a litigant in a pending lawsuit from prosecuting the lawsuit. As you were told, the judge is allowing the case to proceed. Also, as he's in prison and will be for many years, getting a PPO isn't even on the table.

**zedex** · 12-24-2009, 12:00 PM

So Michelle has to endure this kind of harassment? There is no alternative?

**KeyWestDan** · 12-24-2009, 05:14 PM

No, a restraining order is not going to issue. She has no choice but to answer the complaint legally and fight the case. Her advantage is that the plaintiff is never going to be able to appear in court and will have to give all testimony in writing under oath. One could argue that this is a violation of the defendant's rights to question and cross examine the plaintiff.

I don't know what the tort claimed is, but the OP has no legal duty to store the property. The plaintiff abandoned the property.