Legal advice Needed

[Praxis1452]

Anybody ever had property in someone else's house, which the owner will not let you retrieve?

I'm wondering what the legal recourse is to get my property back. I looked up small claims court, but it's not money that I want, just my stuff. And a lawyer isn't worth the cost since even if I itemized it, it's maybe a couple grand at most.

I mean, can I just call the cops?

This is in NJ by the way. Anyone else ever had a similar situation?

 

[CRXican]

Cops don't care, it's a civil matter.

 

[BoomerD]

Cops don't care, it's a civil matter.

True dat...even the courts won't really give a shit, but small claims court MIGHT decide in your favor. Don't hold your breath though.

 

[Mike Gayner]

If it were my stuff and I had genuinely tried to get it back legitimately, I would call the cops. Theft isn't a criminal matter?

If the cops weren't interested, I'd just break in and get it.

 

[Praxis1452]

If it were my stuff and I had genuinely tried to get it back legitimately, I would call the cops. Theft isn't a criminal matter?

If the cops weren't interested, I'd just break in and get it.

Truth be told, I could break in, I can pick locks rather easily, but I'd rather not. Don't have tools at the moment either.

I went to the person's house, asked for my stuff back, and they closed the door on me is pretty much it.

Not sure it's theft under state law and such because it's on their property, and I did leave it there willingly, until an argument made me unable to get it anymore.

Well, I'll give the police department a call this morning or tomorrow and see if it's civil or criminal.

 

[Colt45]

throw a brick through the window, and consider it equal. Unless your stuff is worth more than a window, then throw a molotov.

 

[Vette73]

Show up and ask for property. If they do not give back what is legally yours then call 911 and have the cops stop by. Best case you get your stuff and move on. Worse case cops are lazy but make them at least write a report up so when you file a small claims case you can show you did try to pick up your stuff.

 

[GodlessAstronomer]

Show up and ask for property. If they do not give back what is legally yours then call 911 and have the cops stop by. Best case you get ypur stiff and move on. Worse case cops are lazy but make them at least write a report up so when you file a small claims case you can show you did try to pick up your stuff.

911 is for emergencies.

 

[Modelworks]

Just call the police. They cannot hold your possessions. Even if you owe them money it is illegal to do so. And if they get pissed and decide to put your stuff outside then they are responsible if it gets stolen or damaged.

 

[Sho'Nuff]

Anybody ever had property in someone else's house, which the owner will not let you retrieve?

<-------------Lawyer*

How did your chattels (goods) come to be on the property? Depending on the circumstances, this could be a civil matter (in which case you might have to resort to the courts or legal process to get your goods back), or a criminal matter (e.g., the landowner might be guilty of larceny, embezzlement, criminal conversion, etc).

If its clearly a civil matter, you might want to start by contacting your town Sherriff. In many states, the Sherriff is authorized to assist with the repossession of property.

Note also that in many states, self-help repossession is NOT allowed, particularly if the goods in question came to be on another's land by the fault of the chattel owner.

Good luck,

Sox

* Disclaimer: I specialize in Patent law and am only licensed in Massachusetts, so I encourage you to take the foregoing comments with a grain of salt and follow up with an attorney licensed in New Jersey.

 

[Sho'Nuff]

Truth be told, I could break in, I can pick locks rather easily, but I'd rather not. Don't have tools at the moment either.

DON'T do this. Breaking and entering to retrieve property is still breaking and entering in most states.

 

[Scouzer]

911 is for emergencies.

Many areas do not have a non emergency police number. 911 is the catchall, emergency or not.

 

[Regs]

You call the cops...

 

[Sho'Nuff]

OP, check out:

First http://www.lectlaw.com/def2/q033.htm

Then: http://www.judiciary.state.nj.us/rules/r4-61.htm

 

[highland145]

B/E=you get to be someone's girlfriend.

S.C. Claim& Delivery at the magistrates. I'd call the non-emergency # for the po-po first, like suggested.

 

[jlee]

Actually had a very similar situation when I lived in NJ years back- cops referred me to civil court.

I just waited until someone came by and opened the garage where my stuff was..then I walked in and took it. Sounds like you won't be able to do that, though.

 

[rasczak]

there is more to the story. you need to spill it.

 

[Vette73]

Many areas do not have a non emergency police number. 911 is the catchall, emergency or not.

And even if they do have non-emergency number its usuauly impossible to find and even some cops will just say call 911 and they will transfer you to the right area.

 

[dfuze]

Picking their locks is probably the worst thing you can do

 

[sourceninja]

I would call the cops and tell them that you are at a location to pick up your property where you have been threatened in the past and that you want them there to prevent any kind of fight.

They will show up, help diffuse the situation with their presence and that will probably be enough to walk in and get your property.

 

[Praxis1452]

OP, check out:

First http://www.lectlaw.com/def2/q033.htm

Then: http://www.judiciary.state.nj.us/rules/r4-61.htm

Alright, thanks a lot. Looking at it now.

 

[Kirby]

DON'T do this. Breaking and entering to retrieve property is still breaking and entering in most states.

And will get you killed in a lot of places.

 

[ThePresence]

I would call the cops and tell them that you are at a location to pick up your property where you have been threatened in the past and that you want them there to prevent any kind of fight.

They will show up, help diffuse the situation with their presence and that will probably be enough to walk in and get your property.

Threatened? Where do you get that from?

 

[Scouzer]

Threatened? Where do you get that from?

That's what he's implying you'd TELL the cops, whether true or not.

 

[sourceninja]

You don't say you threatened you so much as say you feel threatened because of the conversation you have had over the property and you are afraid he might start trouble if you go alone.

This is called passive aggressive use of police. It is done by women who are divorcing their husbands and want to take all of his shit all the time. This way your not lying to the police, but shaping their viewpoint to be kinder to you and more aggressive to the person who has what you want. This could hopefully lead to the "Let him go get this stuff so we can go home" attitude that will get you your stuff.