Hello Veeky Forums, long story short: ex girlfriend kicked me out of my place and sold my TV, Bluray Collection and Rowing Machine.
I have receipts and bank/debit statements confirming I paid for these things with my own money.
My question is:
Will taking her to Small Claims Court be a huge hassle or am I pretty much guaranteed to be awarded for what I can prove I own?
Even if she doesn't show up, I think it defaults in to a verdict in your favor. After you get a judgement you can probably have her wages garnished. That'd be good revenge.
>rowing machine
You're a ridiculous pussy you should spend all your money on a lawyer and get nothing. Go for it
you dont use lawyers for small claims court
Yeah small claims would be pretty easy and if you have some evidence you will likely win.
> kicked you out
> your place
Wasn't your place if she was able to "kick you out". I'm skeptical of your claims OP.
Can you prove she sold them or stole them?
If so, you have a case. If not, you'll get thrown out for lack of evidence and be out of pocket from costs. Which you have to pay upfront.
There may also be costs of collecting any judgment that you may receive from the small claims court if the defendant does not pay willingly. Filing Fees: Currently, filing fees are generally $30 for suits up to $1,500, $50 for up to $5,000 and $75 up to $10,000.
Keep in mind that each county/city may have it's own fees.
Was a slip up; it was her condo and she was on the lease. I paid rent and have receipts (if that matters or helps).
I text her when I moved into my new place and asked when would be a good time to get my TV, rowing machine and Bluray collection.
She sent me texts messages back telling me that she had sold them to pay for rent; she most likely sold them to a place we always used to sell things. They require you to give them your drivers license like any pawn shop; if subpoenaed, they would have to give up a list of everything of mine she sold.
I don't know if filing a police report of her stealing my things and then selling them without my consent/knowledge would help expedite the process of getting that information or not.
I'm not looking to fuck her hard, I just want my stuff back or a judgement for the value of it.
If she refuses to pay, I'd file to have her wages garnished.
Why'd she kick you out
>long story short
t. I'm going to pose a legal question but I'm only going to tell you the facts that favor me so the thread can be filled with answers that match my own pre-conceived notion.
>Assuming I would ask for advice without telling the objective truth.
Fact: She would not allow me to get the rest of my property: Blurays, TV, college text books, etc.
Fact: She sold property she knew wasn't hers to sell.
Fact: I waited this long because all of my shit was gone and I doubted I could prove any of claims; but after doing some research I discovered the pawnshop license requirement.
Fact: Our finances were kept separate and I have receipts for the things she kept/stole from me and then sold.
Not relevant: Why we broke up.
I know for a fact I would get a favorable judgement for x amount of money but I don't know how I can get the record exchange to give up the list of my things she sold to them without a subpoena or filing a police report and letting them handle it.
But if I did the latter then it's possible she could get criminal charges filed against her.
Just move on and never move in with a chick ever faggot
>I know for a fact I would get a favorable judgement
Just like every faggot who posts on /r/legaladvice. Fuck you and the internet law school you're far too stupid to have ever attended.
Lol it's relevant dumbass.
I'm assuming you have not provided the info cause you fucked things up and she was pissed at you. The right thing to do would be put your stuff on the curb, but she sold it. You owed her money didn't you?
You cheat on her and she found out?
I had a free consultation with a lawyer; he said getting a subpoena on my own would take a long time and may not go through but if I filed a police report, they would get the information much quicker.
Oh I learned that the hard way and I could cut my losses but if I did that then wouldn't that be the same as someone stealing from my company and shrugging it off?
I cheated yeah and it's my fault, I own it.
But what I did to her didn't break the law or cost her any money.
And no, I paid the rent/bills; if anything she owes me a lot more than the $2,000 I'm seeking.
>subpoena
A subpoena is a writ to compel the production of evidence or the appearance of a witness. It has NOTHING to do with your retarded trailer-trash dispute.
Moron.
So the Bookmans/Zia Record Exchange store that she sold my property and would have what items she sold and the dates she sold them would not be considered evidence?
Even if that information, along with her admission via text message and my receipts of purchasing said property all prove what I'm claiming is true?
If I'm wrong, please correct me.
I apologize, I should have used the correct legal term of:
Subpoena duces tecum
"Which orders a person or organization to bring physical evidence before the ordering authority or face punishment.
This is often used for requests to mail copies of documents to the requesting party or directly to court."
Never mind, as per usual Veeky Forums is all flash but no substance.
"The law in relation to selling your ex partners belong without their consent follows:
There are two issues raised by your question here, the first being whether or not the ex-partner has committed theft and secondly what your friend can do about it.
The Theft Act 1968 states: "A person is guilty of theft if he dishonestly appropriates property belonging to another with intention to permanently deprive the other of it".
Under the legal definition then the ex could in fact be charged with theft as:
1. They dishonestly appropriated the property (i.e they took it without your friend knowing and without permission); and
2. They intended to permanently deprive your friend of it by selling it on
The police may be a little reluctant to pursue theft on this basis however as it is more of a civil dispute particularly when it is between couples or ex - partners.
Also, having this parson charged with theft would not be any kind of remedy for your friend however that is where the Sale of Goods Act 1979 comes into play.
Section 12 addresses the implied term of any sale and clearly states that the "seller" must have "the right to sell the goods" which in this case they clearly do not as they are selling property that does not belong to them. Due to this breach, your friend would be entitled to seek damages and can file a claim through the small claims court.
Whenever a claim is made this way the court will want to see that you have made efforts to resolve the issue between yourselves prior to bringing the matter to them and they will obviously want proof of who the items actually belonged to.
Whilst filing a claim itself costs money, if the claim is successful then the court will order the ex-partner to pay court costs in addition to a sum for damages."
Thanks for the ad-hominem attacks instead of actual advice.
:3
you sure showed a buisiness board you know how to google legal advice. grats.
>If I'm wrong, please correct me.
Just stop. You've already proven that you're a massive faggot incapable of taking adult advice, and that you've already made up your mind on the matter despite your gaping ignorance. If you think I'm going to take the time to give you free legal advice, you're also a deluded retard. I'm happy to occasionally help people on the internet with their legal questions, but the nice thing is, I get to pick and choose who I assist.
You? Better luck next time, redneck.
>Will taking her to Small Claims Court be a huge hassle or am I pretty much guaranteed to be awarded for what I can prove I own?
Get everything in order and just do that shit. Like others have said, if she fails to turn up you've p much won. Probably won't even take that long in court but be ready to spend a long long time there.
""""Garnishing"""" """"wages"""" is likely to be incredibly shit tho, like you might get a quid a month or something if she has no money and doesn't care about the credit rating.
Victim blaming! RRREEEEEEEEEE
Come on son, it's [current year].
I used it once to get my deposit back from a cunt of a landlord. I paid the extra $50 to have the Sheriff go serve the warrant personally. I got my money and we cancelled the court date.
I think it's worth it, but I went in to it with the attitude that I wouldn't get anything back. I just wanted to make a point that I wouldn't be a pushover.