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Ex-Girlfriend Will Not Return Property

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  • 04-17-2008, 09:06 AM
    matthewdiaz
    Ex-Girlfriend Will Not Return Property
    My question involves personal property located in the State of: New York

    I recently moved out of my now ex-girlfriend's apartment. Her name was and still is the only name on the lease, but I had all my bills/bank statements coming to the address. She also changed the locks when I moved out. I have been trying for two weeks now to return to gather some personal belongings, including a few items of clothing, a TV, video game system, and a few odds and ends. She has been unresponsive to both telephone calls and emails. I went with the police to her apartment, but she did not answer the door. The police told me that unless I can get in touch with her to let me in, they cannot do anything. What options do I have at this point? It seems that as long as she doesn't answer my phone calls/emails or open the door (whether the police are there or not), she is able to keep my stuff. Am I allowed to get a locksmith to open the door? Any help would be appreciated. Thanks
  • 04-17-2008, 09:47 AM
    Happy Trails
    Re: Ex-Girlfriend Will Not Return Property
    No, you can't pick the lock.

    You should file a claim against her in small claims court, she may decide to give the possessions back before you actually have to go to court.

    http://www.tenant.net/Court/Howcourt/sclaim.html
  • 04-17-2008, 12:57 PM
    matthewdiaz
    Re: Ex-Girlfriend Will Not Return Property
    Thanks, I will look into it. She has also told me that she is going to sell the TV, DVD player, and video game system. What can I do in that case, as I do have proof that I own them but no real proof that she actually sold them (if she does sell them)?
    Thanks
  • 04-17-2008, 01:18 PM
    Happy Trails
    Re: Ex-Girlfriend Will Not Return Property
    Quote:

    Quoting matthewdiaz
    View Post
    Thanks, I will look into it. She has also told me that she is going to sell the TV, DVD player, and video game system. What can I do in that case, as I do have proof that I own them but no real proof that she actually sold them (if she does sell them)?
    Thanks

    Small claims court in New York is not going to get you your property back, you could win the value of the items she is not returning.

    However, I have seen people start to cooperate once they are notified that they are being sued. She might return your things before court - so she wouldn't have to go.

    If you find out she is selling your things, you could report it to the police, but they may still consider it a civil matter.
  • 04-17-2008, 01:22 PM
    matthewdiaz
    Re: Ex-Girlfriend Will Not Return Property
    I have a feeling she will cooperate if she finds out I'm taking it to court. Does the court send a notice to her that she is being sued? Thanks
  • 04-17-2008, 01:26 PM
    Happy Trails
    Re: Ex-Girlfriend Will Not Return Property
    Quote:

    Quoting matthewdiaz
    View Post
    I have a feeling she will cooperate if she finds out I'm taking it to court. Does the court send a notice to her that she is being sued? Thanks

    From the link above:

    Quote:

    When the claim is filed, the clerk will tell you when the case will be tried. The clerk will then send the notice of claim to the defendant by both certified mail and ordinary first class mail. The notice of claim tells the defendant when the case will be tried and gives a brief statement of your claim and the amount of money you are seeking. If the copy of the claim sent by ordinary mail is not returned as undeliverable within 21 days, the defendant is presumed to have received notice even if the claim sent by certified mail has not been delivered.
    Go to that link I provided, it will tell you all about how small claims works.
  • 04-17-2008, 02:22 PM
    matthewdiaz
    Re: Ex-Girlfriend Will Not Return Property
    Much appreciated, thanks again
  • 04-17-2008, 02:26 PM
    Happy Trails
    Re: Ex-Girlfriend Will Not Return Property
    Quote:

    Quoting matthewdiaz
    View Post
    Much appreciated, thanks again

    You are welcome.

    Good luck and post back to let us know how it turns out for you.
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