Legal Question in Civil Litigation in New York
How can I retrieve my personal property from someone's home?
I am a New York City resident with a question regarding my personal property located at my brother's ex-girlfriend's private house located in Brooklyn, New York.
I lived with my brother's ex-girlfriend's from April 5, 2003 through May 11, 2003. The reason I lived with her was because I was returning to New York City after living in Europe for a year, and as a favor, the ex-girlfriend let me stay there until I found a job and a place to live. After having found a job and a place to live, I was able to take most of my stuff out of her house. I only left two suitcases, a case of cds and a box of shoes at her house. Now, she won't let me get them because of a dispute she had with my brother. The disupte has nothing to do with me and I've been nothing but civil to her throughout the term of my brother's relationship with her. I have made several attempts to arrange a time to pick up my things, but she has not returned my calls nor my emails. I know that I cannot involve the police in anyway as they kindly informed me they can do nothing. So I ask you, what legal procedure can I follow without taking her to court, i.e. a demand letter, etc. or what recourse do I have?
2 Answers from Attorneys
Re: How can I retrieve my personal property from someone's home?
If you don't want to go to court you don't have to let her know that...simply send her a certified letter, return receipt requested, that informs her she has until a date-certain to arrange a mutually convenient time with you to pick up your stuff and, absent such a civilized end to your relationship with her, you are ready, willing and able to retain counsel to sue her for return ("replevin" is the technical legal term for the return of personal property) of your property. If she doesn't go for the letter, you may have to persue your legal remedies which would likely amount to a suit in small claims court for the money value of the property (unless the reasonable value of the goods is in excess of the statutory maximum for small claims which, I believe, is either $2,500 or $5,000 but I can't remember off the top of my head; check the small claims court web site for NYC). Suing in small claims is very simple; collecting is another story but not an issue until you've determined that your letter doesn't work.
Now, you can likely also choose to sue her in a higher court than small claims on a claim of illegal conversion of your property (i.e. that she in effect stole your goods). This, however, will require a lawyer, won't be cheap or quick.
Good luck.
Re: How can I retrieve my personal property from someone's home?
I agree with the rply filed by John Freedman. Use the threat of legal action to motivate her to behave appropriately. Small claims is a simple and easy court for this type of action. good luck.
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