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Old 05-03-2014, 01:48 AM   #1
Fatman
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Question Thieving room mate threatens to sue

IL- I had a friend, his wife and her son staying with me. They were not on the lease, payed no rent and had been there less than 30 days. I found out he had stolen from me so I kicked them all off the property. They have moved to another state and are now saying they will sue for theft (I told them several times to collect their belongings but they never showed up) and child endangerment. He is saying that my girlfriend sent him several messages saying not to come back and that he could not have his things back. There is no evidence that any of these messages exist. How screwed am I?
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Old 05-03-2014, 02:31 AM   #2
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Default Re: Thieving room mate threatens to sue

I wish to inform you that you may send a notice to other party informing them that they must remove their belongings otherwise you will take court action. This will create a legal record that you had asked other party to remove goods. You may then file a court action declaring goods left as abandoned and after court order you may dispose off the things. Court order will protect you from any legal claims by other party.

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Old 05-03-2014, 03:24 AM   #3
goddessoflubboc
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Default Re: Thieving room mate threatens to sue

Do you still have their stuff? If so pay one months rent on the tiniest storage locker their stuff will fit in. Provide their address for billing. Mail (certified) them a letter including name and adress of storage and key for their locker explaining above.

Now it's between them and the locker company. If they really want it they'll get it.

If you disposed of the items and he came back there to file in small claims the best he can hope for is depreciated value of anything he can even prove he owned. And left behind.
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Old 05-06-2014, 12:39 PM   #4
Fatman
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Default Re: Thieving room mate threatens to sue

Thank you for the help AFFA and goddess. Do you think he has any basis for this "Child Endangerment" suit he says he's going to file? The child was hardly in any danger and they had a place to stay within the hour.
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Old 05-06-2014, 02:51 PM   #5
goddessoflubboc
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Default Re: Thieving room mate threatens to sue

It would be up to child services to investigate if there were such issues. It is the parents responsibility to provide housing for their children. Even going to a shelter would be fine, so they had options.
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Old 05-06-2014, 04:07 PM   #6
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Default Re: Thieving room mate threatens to sue

Tell him to make arrangements to pick up his stuff with you. Advise him you have no control over how he continues to respond to the trust and compassion you showed him and he violated. Let us know his response.
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Old 05-06-2014, 08:33 PM   #7
daendofmylease
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Default Re: Thieving room mate threatens to sue

He has the burden of proof and he seems full of hot air. I wouldn't lose any sleep over it...I think goddess' idea is great I would do it if legally able to. If the storage facility needs you to sign the contract then you may be adding more debt to your situation. If their belonging are in your way you may want to send a certified letter given them a 60 day notice that you are being burden by their belongings. Advice them that the smallest locker that all of their belongings will fit in charge $$$ on a monthly basis, and if they choose (they are choosing) not to pick up their items they are willingly releasing ownership of all items on your property to you... then you can do what you want... just for good measure send another notice at 30 days.... If you don't have their address tell them you need it as you will pay the expenses to ship them their items... and once you have the address send them their notice.
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Old 05-07-2014, 02:54 AM   #8
Lexus
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Default Re: Thieving room mate threatens to sue

Generally, you are required to hold his property for thirty (30) days to give him a chance to claim his property. After that you will need to send him notice by certified mail to come and collect his belongings. You would likely have a good defense in that you did everything possible to notify him before disposing off his property. I strongly suggest that you contact an attorney and give him all of the facts surrounding your situation.
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Old 05-09-2014, 03:26 PM   #9
Fatman
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Default Re: Thieving room mate threatens to sue

Thank you to everyone. I've sent him certified mail telling him he has 30 days to pick up his things (I was going to give him 60 but it's been at LEAST 30 since he left) and I recieved a notification that he's recieved it. I'm not going to do the storage thing because there's no way he'll pay for it, even if I were to take him to court. If he does not come get them I'll either sell it all or just toss it. Thank you again. I was pretty scared when he started talking about legal action.
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Old 05-09-2014, 06:14 PM   #10
gail in georgia
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Default Re: Thieving room mate threatens to sue

Many talking about legal action. Suddenly they all become Perry Mason (I may be dating myself!). Most never follow through with such threats.

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