Results 1 to 4 of 4
  1. #1
    Join Date
    Dec 2012
    Location
    Indiana
    Posts
    28

    Default Property Was Treated as Abandoned Despite an Order for Storage

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

    Short version: I was thrown out of residence with about 40 hours notice and without funds. The judge ordered that possessions were to be stored (in facility). "Buyer" only placed some of possessions into storage. I was notified that there were possessions at the residence and was allowed to get some. There was a dumpster on the premises containing some of my and my children's possessions and I was notified that some of possessions (such as mufflers I was ticketed for not having) had been given to scrappers. I was able to take pictures of many of the possessions that remained in the residence. Much of the stuff in storage was junk,things like empty VHS cases. I protested to the court immediately that I wanted my (our) possessions that were still in the residence but the attorney claimed (motioned?)they were "abandoned" and the judge concurred. I'm a bit confused, as the judge ORDERED them put into storage and it was apparent that far less than half were placed in storage, and the "buyer" was able to pick and choose what went and what to keep. I was not allowed to speak more than about a sentence at the eviction hearing. "Buyer" is relative to ex; house was not sold per divorce orders but rather through engineered sheriff sale. What is proper response to such a situation (regarding personal possessions)? Thanks in advance for information/guidance.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Was Not Abandoned; Was Ordered Stored

    Apparently you were given the opportunity to recover property from the home, you went to the home, you took some items and left others, then when you were later in court the judge determined that your choice to leave some of the items at the home constituted your abandonment of the items.

    We weren't in court. We did not hear any of the argument or testimony. We have no access to the court records. We are not going to be able to explain to you what happened, as we simply don't have the necessary information.

    You should consult a lawyer to see if you have a basis to seek reconsideration or to appeal.

  3. #3
    Join Date
    Dec 2012
    Location
    Indiana
    Posts
    28

    Default Re: Was Not Abandoned; Was Ordered Stored

    I was still within rights per the order (it was the last day) to get our possessions, but the ex BIL told me I could only get them until noon (although the order did not say anything regarding time). The previous day, he'd allowed me to bring the items out into the driveway and load them after he left and had not stated I couldn't (and why not? The order said that was last day ... do orders expire at noon? I don't know.) This guy watched me go up and down the stairs for hours, working on getting what I could and placing it in the driveway for loading. At noon, he ordered me off the property ENTIRELY. In other words, this was just another part of the pre-planned and malicious nature of what I've dealt with for too long. I did leave the rural property, crossing to the other side of the road. Called the sheriff's department (which I'd called before getting there earlier;I'd hoped things would go as well as possible, but ... I was right). Law enforcement "can't do anything". I then went to the court and stated the facts of what occurred and stated that I wanted my property - what I had been able to bring out during the allotted time in the order.

    I have tried consulting attorney(s) as this was a cash sale, netting automatic $91k equity for the buyer. I don't have dime one to proceed legally, in terms of representation. I am not sure whether I am not explaining (a complex) situation well, or whether most of the attorneys in this area see and handle matters that are normally mundane and maybe when I bring up fraud, figure I'm over-reaching, as it's probably normal to feel defrauded, in many divorces. I have read the elements; there are additional parties, as they worked together over the past seventeen years. I'd need to read something to determine what constitutes "admissible" evidence ... and probably ask more questions here.

    I have a problem with the fact that I immediately reported and filed with the court that I was working on getting our possessions, per the order (as far as I am aware), that I was driven off the property without them ... then an attorney claims I "abandoned" it? And judge orders (or concurs) that yes, I abandoned what I spent several hours hauling upstairs and outside? I noted that I'd made a report with law enforcement ... I had to pay for an extra day for a truck I could have unloaded and turned in the night before, had I known I wouldn't be allowed to put any additional on it that day! I'm obviously missing something. But what?

    Oh, may I PM you or another person in regard to this (without necessarily expecting an answer)? Not the abandoned or lost property; I've accepted that's gone. And not for "legal advice". There are details I don't want to put here, per the forum recommendations; those may affect what type attorney I really should be consulting with or etc. If you're not comfortable with that, I still appreciate your responses, now and in past, to my posts.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Was Not Abandoned; Was Ordered Stored

    You had your day in court, and the judge found that you did not take your opportunity to remove your belongings. You have the choice of bringing a timely motion to ask the judge to reconsider that ruling, or you have the option of filing an appeal. If you choose to let the ruling stand, then you'll have to live with the judge's findings.

    1. Sponsored Links
       

Similar Threads

  1. Burglary: Former Storage Tenant Broke In and Removed Abandoned Vehicles
    By tbanks in forum Criminal Charges
    Replies: 10
    Last Post: 10-06-2014, 07:47 PM
  2. Probation and Parole: Will a Restraining Order be Treated as a Probation Violation
    By c3po in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 06-14-2013, 04:08 AM
  3. Property Division: Is Money from Previous Marriage Treated As Community Property
    By fairca in forum Divorce, Annulment and Separation
    Replies: 4
    Last Post: 08-20-2011, 01:28 AM
  4. Limits on Storage Fees for Vehicle Abandoned With a Mechanic
    By jed03 in forum Cars and Dealerships
    Replies: 4
    Last Post: 04-25-2011, 06:21 AM
  5. Abandoned Personal Property With Unpaid Storage Fees
    By heppaboy in forum Personal Property
    Replies: 2
    Last Post: 08-30-2009, 03:19 AM
 
 
Sponsored Links

Legal Help, Information and Resources