Quick Answer: Can You Sue Someone For Throwing Away Your Belongings?

Can someone legally throw away your stuff?

In most cases it doesn’t matter whose name is on the house if they have at one point stayed in the house or you or a family member allowed them to keep items there then you can not legally dispose of the items without notifying them via certified mail and then they generally have 30 to 90 days in which to come for ….

Can a spouse throw out my belongings?

The short answer is, legally, you can’t dispose of their property. Before you dispose of your ex-spouse’s property you are required to give them reasonable notice to collect their belongings, if you do dispose of it, you can be held liable for reasonable replacement costs.

How long can someone leave their belongings on your property?

If someone leaves his or personal property in your home for more than thirty (30) days, it is normally not considered abandoned and is not now the property of the owner of the home.

What do you do when someone won’t give you your stuff back?

You can go to the police and file a criminal complaint for theft of property. List and identify the items to the best of your ability. You can also sue in a civil court for the return of your property or the value of the items if not returned plus punitive damages.

Can someone take back something they gave you?

When someone gives another person a gift, the gift becomes the personal property of the recipient. This means that the recipient can use the gift in any way he or she wishes. … The only time someone can ask for a gift back is if the gift was given in exchange for a promise. This is known as a conditional gift.

Can you sue someone for not giving you your stuff back?

File a Civil Lawsuit As your case is a civil matter, you need to file a lawsuit in a small claims court demanding the return of your personal property. You must pay the required fees and conform with the requirements before you file your case. … You should make sure to do your research before filing a civil suit.

How do I get my stuff back?

Luckily, we have some tips for dealing with this sticky situation.Wait for the rage to subside. … But don’t wait too long. … Decide what you actually need. … Send a text. … Get in, get out. … Keep gifts, return heirlooms. … If your ex demands a gift back, take the high road. … Find a good place for anything left over.

Do I legally have to give my ex his stuff back?

You have every right to retrive your belongings. Just call your local police to meet you there and be with you. Also, let your ex know so there will be know static when you come. If the ex refuses to allow you to get your stuff, swear out at warrant at your magistrate office.

Why won’t she give my stuff back?

Why she won’t give back your stuff Your ex is looking to control you through your things. She may be trying to provoke a reaction out of you in order to get your attention. She may also attempt to use your things to re-enter your life at a later date.

Is it illegal to steal your own stuff back?

In theory no, because you have to take it with the intent to permanently deprive the owner of his property. … The reason you could, is because you can’t steal your own property. Theft is very specifically the taking of ANOTHER’s property.

Can you kick out a person who is not on the lease?

If you’ve had a friend stay over for a few nights, there’s no need to evict the person — he’s not legally a tenant. In California and most other states, however, if someone has lived in your apartment for 30 days or more, he’s considered a tenant even if he never signed a lease.