Personal Property Held Hostage

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texifly

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I'm curious if anyone has run into this situation and if anyone has any advice.
My ex and I sold our family home last month and the money was to be held in trust until we went to court where a judge would allocate the money accordingly. Ex wanted/needed the money immediately and went to speak to my lawyer a few days before the closing date of the sale. He agreed to pay his child support arrears out of his proceeds of the sale and set up pre-authorized payments with FRO for future child support if I signed the release of the money. My lawyer called me and we discussed this over the phone (with ex in my lawyer's office) and I agreed that I would sign provided we make arrangements to sort through some personal items ex was storing. Of course ex agreed to this deal because he was desperate for his portion of the money. I signed the papers and asked ex if he would set up a time when we could go through the stored items (son's christening outfit, baby blankets, pictures, coin collections bought by my father, etc) and immediately he claimed he was too busy as he was moving. I told him it would take an hour of his time but he refused, saying that he was too busy moving. Three weeks later I politely asked him again if we could meet up and got no response from him. He eventually answered me back when I stated that if he ignored me I would have to seek help getting the items back. At that point he stated he was busy fixing his shed and that when he had time he and my son would go through the items. I waited another week (he was busy celebrating his marriage that took place in May) and sent him a very polite text asking that he get in touch with me to let me know when it would be convenient for him to go through the stored items. No response. Nor was there any response when I sent the same text every other day. He has since told my son he refuses to be anywhere near me and therefore feels no need to honor the deal.
Can I take him to small claims court to retrieve the items? I'm at a loss here....
 
If you are currently involved in family court I would have your lawyer send a letter to his lawyer, threatening a motion with a request for costs if he does not divide the property as agreed upon.

If you are fully finished with the family matter, small claims court would be a better venue.
 
Agreed and have the lawyer add the police enforcement clause (your lawyer will know it well). That way you don't have to have him present when you go and retrieve your things. Cops keep it from becoming a big blow-up.
 
Thanks for the replies. We are fully finished with the family matters so therefore the only option I really have is small claims court. Unfortunately since my original post I have been emailed by ex father-in-law asking me why I'm being so nasty and that I need to move on, I've been messaged by the ex's new wife telling me to stop contacting her husband and stop being the bitter ex wife with no life and that any further contact will result in her filing a harrassment charge and messaged by ex himself who is blatantly lying and saying he has witnesses to state that they were present when he dropped these items off to me. I'm horrified by his cruelty and the absurdity of being the "ex who can't move on with her life", considering I left him and never regretted the choice for a second.
Anyway, thanks for your input....it's appreciated.
 
I totally know how you feel as I have had to endure abuse from my ex and his gf since our separation/divorce. Advice to you is to not respond. I know it is hard to be accused of crap but you are best to disengage. Keep any emails they have sent you and only respond through your lawyer. Drives em crazy. I was divorced in 9 months but have been in court for the past 2 1/2 yrs on business and spousal support matters. Just when I think it's over ex and g/f start up another round of litigation. And I'm the one who can't move on ???? Yeah right. Don't pay them any attention. Vent to us on the forum before you go responding to their pettiness.
 
it seems like it was all small items, why didnt you take it with you went you left him in the first place?

its too late for this but I would have told him that I wanted the stuff first before I signed.

Your best bet is to either take him to court or drop it. Stop contacting him as it will not get you anywhere. I hope the communication was done with emails and you kept them. That way if his witness says they were with him on such and such a date to drop the stuff off but you have one saying after that date he was too busy to go thru the stuff then you have your proof.
 
I unfortunately was unable to take the items with me when I left because a) I had to leave the marital home with absolutely nothing besides the clothes on my back due to ex's violence and b) the items were being stored at another location that only ex had access to.
I have kept every text between myself and ex and days before his text stating he has already dropped these things off to me, he told my son he refuses to be anywhere near me and therefore he was not going to let me go through any of the boxes (which is what he verbally agreed to as part of the deal if I signed the papers...in front of my lawyer). My last communication with ex was to tell him to keep everything as he is not worth dealing with....so now I just have to make peace with the fact I will never get any of these sentimental belongings back.
 
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