Total Posts:25|Showing Posts:1-25
Jump to topic:

Legal Advice?

Danielle
Posts: 21,330
Add as Friend
Challenge to a Debate
Send a Message
8/9/2009 10:35:02 AM
Posted: 7 years ago
So my ex-roommate is the mother of all C U Next TuesdayS. When I moved out on August 1, I left some things in the apartment (bedroom furniture and couches) and paid her some money to store those things there until September 1, for which I obtained a receipt. She's been in Puerto Rico since then on vacation, and I've gotten numerous people from Craig's List interested in purchasing my couches. The problem is that my ex-roomie won't give me her new roommate's contact information so that I can schedule a time to pick up my things and/or let the interested buyers come by and pick up the couches. She REFUSES to let me in the apartment and get my things even with my old landlord present or her new roommate, any one of her friends present, etc. The thing is that I'm pretty sure I'm legally entitled to get MY things out of the apartment (especially since I paid her to store them there). If I don't get them by September 1, she has every right to get rid of them or do with them as she pleases (and she will, because she's a PSYCHO BITCH). In other words, she can just forbid me from getting my things until 9/1, or only give me a few day span of when I can get them (she knows I'm going on vacation next week, so she will probably choose those days while I'm done just to be a douche). Does anyone happen to have any knowledge of the law - or know someone who does - and can inform me of my legal rights in this matter or give me some advice? I've posted to a free legal forum online, but haven't gotten a response. Wtf.
President of DDO
I-am-a-panda
Posts: 15,380
Add as Friend
Challenge to a Debate
Send a Message
8/9/2009 10:38:23 AM
Posted: 7 years ago
IANAL, but I would say threaten legal action and make her cave. If that doesn't work, actually get lawyer (Or whatever you have in the states) and get the items legally.

Again, I Am Not A Lawyer.
Pizza. I have enormous respect for Pizza.
Danielle
Posts: 21,330
Add as Friend
Challenge to a Debate
Send a Message
8/9/2009 10:41:05 AM
Posted: 7 years ago
1) I can't afford a lawyer. Obv.

2) Threatening her won't work. She is CRAZY - you have no idea - and doing so would only make her angrier. I might bring a Cop with me to the apartment when I get back to Jersey in a few days, but that's all I can think of...? I dunno if a cop would be down for that anyway.
President of DDO
I-am-a-panda
Posts: 15,380
Add as Friend
Challenge to a Debate
Send a Message
8/9/2009 10:44:54 AM
Posted: 7 years ago
I thought you said you were "thug".

Anyway, nothing a moonless night, a decent ditch in a park and a machete doesn't solve.
Pizza. I have enormous respect for Pizza.
Cerebral_Narcissist
Posts: 10,806
Add as Friend
Challenge to a Debate
Send a Message
8/9/2009 10:46:03 AM
Posted: 7 years ago
As I understand it she is not legally entitled to permit you to enter the property, but she is legally obligated to hand your possessions over. By obstructing you in this way she is committing theft, but I doubt the police will get involved. I am not really sure what you should do to be honest!
I am voting for Innomen because of his intelligence, common sense, humility and the fact that Juggle appears to listen to him. Any other Presidential style would have a large sub-section of the site up in arms. If I was President I would destroy the site though elitism, others would let it run riot. Innomen represents a middle way that works, neither draconian nor anarchic and that is the only way things can work. Plus he does it all without ego trips.
Ragnar_Rahl
Posts: 19,297
Add as Friend
Challenge to a Debate
Send a Message
8/9/2009 10:50:31 AM
Posted: 7 years ago
What state is this in?
It came to be at its height. It was commanded to command. It was a capital before its first stone was laid. It was a monument to the spirit of man.
Ragnar_Rahl
Posts: 19,297
Add as Friend
Challenge to a Debate
Send a Message
8/9/2009 11:01:24 AM
Posted: 7 years ago
In any case, I would call the police, it's worth a shot.
It came to be at its height. It was commanded to command. It was a capital before its first stone was laid. It was a monument to the spirit of man.
Danielle
Posts: 21,330
Add as Friend
Challenge to a Debate
Send a Message
8/9/2009 11:07:00 AM
Posted: 7 years ago
Yep - NJ. I was thinking of pulling the 'theft' card but wasn't sure. If I tell her that, she'll put my things out on the street right now and I'm in Illinois and can't get to them just yet. Anyway, I guess I'll call the cops when I get to NJ. And Panda, the thug within will gladly rear its ghetto head once I get my stuff ;D
President of DDO
Ragnar_Rahl
Posts: 19,297
Add as Friend
Challenge to a Debate
Send a Message
8/9/2009 11:08:40 AM
Posted: 7 years ago
Judging from what happened when I job shadowed a policeman and he got called by a customer who felt the store had gypped her of her change, admittedly on the other side of the continent (he watched security tapes and determined she was lying), assuming the reciept spells out her name and what's being stored it'll probably be fairly easy to demonstrate breach of contract :).
It came to be at its height. It was commanded to command. It was a capital before its first stone was laid. It was a monument to the spirit of man.
I-am-a-panda
Posts: 15,380
Add as Friend
Challenge to a Debate
Send a Message
8/9/2009 11:10:11 AM
Posted: 7 years ago
At 8/9/2009 11:07:00 AM, theLwerd wrote:
Yep - NJ. I was thinking of pulling the 'theft' card but wasn't sure. If I tell her that, she'll put my things out on the street right now and I'm in Illinois and can't get to them just yet. Anyway, I guess I'll call the cops when I get to NJ. And Panda, the thug within will gladly rear its ghetto head once I get my stuff ;D

I've heard frying pans are aerodynamic. Though get cast iron, don't want to dent a perfectly good frying pan. I think you can get some in Ikea.

Cops sounds like a good card. If not, theft.
Pizza. I have enormous respect for Pizza.
Danielle
Posts: 21,330
Add as Friend
Challenge to a Debate
Send a Message
8/9/2009 11:36:14 AM
Posted: 7 years ago
Frying pan? I prefer pistol whipping. I'm Italian, after all -- we love our guns (but not more than our cannolis). Anyway, RR's got a point... but the receipt which clearly does spell out her name only mentions storage until September; it doesn't clarify that I can go get my things whenever I want (unless I'm legally entitled to do so, which is what I'm asking).
President of DDO
Cerebral_Narcissist
Posts: 10,806
Add as Friend
Challenge to a Debate
Send a Message
8/9/2009 11:42:14 AM
Posted: 7 years ago
At 8/9/2009 11:36:14 AM, theLwerd wrote:
Frying pan? I prefer pistol whipping. I'm Italian, after all -- we love our guns (but not more than our cannolis). Anyway, RR's got a point... but the receipt which clearly does spell out her name only mentions storage until September; it doesn't clarify that I can go get my things whenever I want (unless I'm legally entitled to do so, which is what I'm asking).

If they are your things, you have the legal right for a reasonable access to them.
I am voting for Innomen because of his intelligence, common sense, humility and the fact that Juggle appears to listen to him. Any other Presidential style would have a large sub-section of the site up in arms. If I was President I would destroy the site though elitism, others would let it run riot. Innomen represents a middle way that works, neither draconian nor anarchic and that is the only way things can work. Plus he does it all without ego trips.
Danielle
Posts: 21,330
Add as Friend
Challenge to a Debate
Send a Message
8/9/2009 11:43:50 AM
Posted: 7 years ago
Does that mean I should be able to go and get them whenever I want so long as someone who lives there is present (or the landlord)?
President of DDO
Danielle
Posts: 21,330
Add as Friend
Challenge to a Debate
Send a Message
8/9/2009 11:51:02 AM
Posted: 7 years ago
I e-mailed him but he hasn't responded. She told me that she was going to let the landlord know that she DOESN'T want me being let into the apartment while she's out.
President of DDO
brian_eggleston
Posts: 3,347
Add as Friend
Challenge to a Debate
Send a Message
8/9/2009 12:17:30 PM
Posted: 7 years ago
I used to be a lawyer, as you know theLwerd, and there are various legal instruments that could be implemented to resolve the problem to your satisfaction. However, they all cost money to and the value of your posessions may not warrant the expense.

That said, you've got plenty of friends in New Jersey, right? Why not ask them to pick up the furniture on your behalf? Otherwise, get them to hassle her with threats of Italian-American-style violence until she relents!

Seriously though, what has happened to you is absolutely disgraceful and I am totally appalled that unscrupulous landlords are still behaving in such a Dickensian manner.
Visit the burglars' bulletin board: http://www.break-in-news.com...
Xer
Posts: 7,776
Add as Friend
Challenge to a Debate
Send a Message
8/9/2009 1:18:39 PM
Posted: 7 years ago
Slash her tires, kill her cat, and break her apartment windows. That should send the message. If that doesn't work, kidnap her parents and demand a ransom. Then you can buy now furniture.
USAPitBull63
Posts: 668
Add as Friend
Challenge to a Debate
Send a Message
8/9/2009 2:52:14 PM
Posted: 7 years ago
Eggleston has the best advice so far. But even your friends would need permission to enter the premises, as granted by the owner. Hell, even the police would need permission, just cause, or a warrant to enter the private property.

As for your chattels, so long as you made an effort/understanding that you weren't abandoning them (shift in ownership), or that you didn't forget them (lost property, of which there is still an obligation to return to rightful/likely owner), but rather that you would retrieve them soon (i.e., temporarily maintain ownership in lieu of possession)---then this likely works to your favor.

I would keep making written notices, emails, text messages, etc., to your ex-roommate to show effort on your part to maintain contact and establish a time to retrieve your personal property. A lack thereof would benefit any countercase, if she chose to go that route (though unlikely), of abandonment/gifting, etc.

If you really feel exhausted of options, what I would do is consult actual attorneys in that area (or even where you are now) for a free consultation, especially with this (what seems like) small claims issue. Most attorneys offer this service before accepting cases, and it can be extremely beneficial to potential clients with little means.

Good luck.
Danielle
Posts: 21,330
Add as Friend
Challenge to a Debate
Send a Message
8/9/2009 3:09:55 PM
Posted: 7 years ago
The reason why I'm screwed is because at any time, my ex-roomie can let me have access to my things, i.e. the couches. However, what good is it if she throws my couches out on the street? I'm trying to SELL them on Craig's List. I can't just be sitting there on the side of the road with them while someone comes to have a looksie. That would look and be ridiculous and I'll never sell them that way. What I need is access to the apartment so I can show them and have someone take them away. My ex wants the couches, so she is not going to let anyone come in and look at them. She is a twat and a half. As such, I'd rather burn them and have no money for them then let HER keep them. This isn't looking very good for me. Ugh.
President of DDO
USAPitBull63
Posts: 668
Add as Friend
Challenge to a Debate
Send a Message
8/9/2009 3:17:59 PM
Posted: 7 years ago
You might want to invest in a storage unit/trailer, which is a better environment than the street curb. Make sure you can turn a profit over the expense of the rental, though.

Whatever you do, just calling your ex-roomie varied slang phrases regarding the female anatomy won't get you anywhere.

As to your own analysis, keep your lighter handy. (But don't burn her property; that is extremely liable, as you can imagine.)
brian_eggleston
Posts: 3,347
Add as Friend
Challenge to a Debate
Send a Message
8/9/2009 3:21:28 PM
Posted: 7 years ago
At 8/9/2009 3:09:55 PM, theLwerd wrote:
The reason why I'm screwed is because at any time, my ex-roomie can let me have access to my things, i.e. the couches. However, what good is it if she throws my couches out on the street? I'm trying to SELL them on Craig's List. I can't just be sitting there on the side of the road with them while someone comes to have a looksie. That would look and be ridiculous and I'll never sell them that way. What I need is access to the apartment so I can show them and have someone take them away. My ex wants the couches, so she is not going to let anyone come in and look at them. She is a twat and a half. As such, I'd rather burn them and have no money for them then let HER keep them. This isn't looking very good for me. Ugh.

Poor thing. Never mind though - your future, I'm sure, is much brighter than her's and in the long run both she and the couches will be long forgotton.
Visit the burglars' bulletin board: http://www.break-in-news.com...
Clockwork
Posts: 349
Add as Friend
Challenge to a Debate
Send a Message
8/9/2009 4:24:45 PM
Posted: 7 years ago
Well...

The bad news is that you can't make her keep it in your old apartment longer than you agreed to with your old roommate.

The good news is that it's still your property regardless of where it is. To borrow a metaphor from a debate you just finished, if I left my dog at a friend's house, it's still not his dog. He can, however, kick my dog (your furniture) to the curb.

If you tell her you want the furniture out of the apartment, she has to get it out, but after that, you're pretty much on your own. She cannot keep it for personal use after you request to move it and she cannot sell it for profit regardless of circumstance.
Felonial Disenfranchisement: http://www.debate.org...
Poverty v. Environmental Protection: http://www.debate.org...
On God and Free Will: http://www.debate.org...
Ragnar_Rahl
Posts: 19,297
Add as Friend
Challenge to a Debate
Send a Message
8/9/2009 6:29:33 PM
Posted: 7 years ago
At 8/9/2009 11:36:14 AM, theLwerd wrote:
Frying pan? I prefer pistol whipping. I'm Italian, after all -- we love our guns (but not more than our cannolis). Anyway, RR's got a point... but the receipt which clearly does spell out her name only mentions storage until September; it doesn't clarify that I can go get my things whenever I want (unless I'm legally entitled to do so, which is what I'm asking).

Storage inherently implies the ability to observe and remove at a reasonable time. That's why they call it storage, not disposal.

I have no idea how to profit on that fact without arguing it in court unless you get a smart cop, but it seems obvious to me that any court would accept that (unless it's soviet court and you're a bourgeoisie, but that's a different story).
It came to be at its height. It was commanded to command. It was a capital before its first stone was laid. It was a monument to the spirit of man.
bearsfan
Posts: 102
Add as Friend
Challenge to a Debate
Send a Message
8/10/2009 1:05:30 PM
Posted: 7 years ago
At 8/9/2009 1:18:39 PM, Nags wrote:
Slash her tires, kill her cat, and break her apartment windows. That should send the message. If that doesn't work, kidnap her parents and demand a ransom. Then you can buy now furniture.

You forgot the part where you write something threatening on the wall using the cat's blood.
"I'd like to have more self esteem but I don't deserve it" - Woody Paige

"Some people have a way with words, others not have way" - Woody Paige

"Nostalgia isn't what it used to be" - Woody Paige

"My French teacher is muy caliente!" - Woody Paige

"It's not rocket surgery" - Woody Paige

"I'm schizophrenic and so am I!" - Woody Paige