I would like to sue my ex-friend in small claims court for disposing of my property that I had stored in her basement.  She never notified me prior to disposing of the property.  I live in Arkansas.  Are there any attorneys that could  advise as to whether I have a right to sue her? Thanks.
130953
Forget it.  You won't win.
569410
First, are you being sued in Fed court or state court? \n\nRight now, your obligation is to answer the complaint or file a motion to dismiss based on various theories. A motion for summary judgment is premature, as there are still issues of fact present. \n\nThe best place you can start is rule 12 (FRCP 12 or whatever your state equiv.). \n\nRule 12 allows you to dismiss the complaint based on what has been plead and presented. For instance, you may be able to dismiss for lack of jurisidiction (either subject matter or personal). This depends on the nature of the claim. For example, lets say the complaint is one for copyright infringment and it is being brought in state court. Fed court has exclusive jurisdiction for these claims, so you could dismiss for lack of subject matter jurisdiction. Another example, lets say the Plaintiff lives in Texas, and you live in Vermont, and he is suing you in Texas state court. Well, unless you were served in a Texas, or Texas has long-arm jurisdiction over you, Texas courts have no personal jurisdiction. The Plaintiff has to either go to Vermont and sue or sue you in Federal court. I think the fed statute you should start with is 18 usc 1331 and 1332 (federal jurisdiction). \n\nBeyond this, rule 12 allows you to motion for such things as insufficient processof process or insufficiency of service of process. Check your local information. \n\nYou can also move for a judgment on the pleadings, or more commonly a 12(b)(6) motion. A 12(b)(6) is a motion to dismiss because the facts, as alleged, fail to state a claim upon which relief can be granted. Usually, statute of limitations problems are the basis for these types of motions. Another example is that the complaint, as plead, omits a key element. The problem with 12(b)(6) motions is that if you win, the other side can simply fix their complaint. \n\nOne thng you could do, since this is not a real life affair, but rahter just an educational exercise, is file a counterclaim with your answer. If you are lucky, they won't answer, then you can move for a default. Also, when you submit your answer, load the other side up with interrogatories, requests for admissions, and request for production. that relate to their claims Remember, under fderal rules, you are working with short deadlines, usually 20 days or less. Especially see rule 36 (dealing with requests for admissions). \n\nGood luck.
231313
No, there are laws concerning the rights of personal belongings. You need give her written notice of intent to move, store,sell, or destroy the Items. You can charge a storage fee, payable if the items are not removed in a reasonable amount of time, say 30 days, but again proper notice needs to be given. If your renting, read the fine print on the lease regarding personal Items left after moving, or ask your landlord what they would do. If your unable to notify your ex-roommate with in 90 days, You can post a small add in the local news paper under lost Items found. then if they don't respond in two weeks you can do what ever you like with the items, and still hold your ex responsible for storage and removal charges for up to seven years as long as you post the same ad in the paper each year to show interest in the charges in case you take  the ex to court. All ads, court fees, storage and removal fees, are your ex's responsibility to pay if you do it right. In the future , all roommates should enter into a mutual agreement in writing regarding such things. It's important to consider all "what if's" in these types of agreements. Good luck.
127298
He cant prove it was you then.\nIf he sues he will have to sue all tenants at the time. Also if there was a deposit he can take the deposit but chances are the lawsuit will get thrown out of court.\n\nLook specifically in your contract to see if he retains any rights to file legal claims against you after the fact (some people have tricky contracts they write up) If not, then I wouldnt worry too much. Now im not a lawyer, nor do I play one on tv so this is solely my opinion.\n\nI would suggest telling him to shove it up his a**
594780
You may wish to check with an attorney but for the most part the standard practice is this;\n\nSend her a registered letter. Inform her that if the property is not picked up in 30 days it is considered abandoned and under the law it will be disposed of. The property actually becomes yours to sell or toss out.\n\nAfter 30 days she s**t out of luck. Just be sure to send any correspondence registered receipt.\n\nYou do have to retain her stuff but after 30 days and the letter...ha!...no self respecting cop would pinch you.
287390
He can sue you, sure.   Whether or not he can WIN is the real issue, and as long as you told the truth, you have a pretty good defense.  If he is harassing you by phone and threatening, I think THAT's his intent - just to give you a hard time.  His legal costs would be pretty significant, and, even if yor story is only PART true, he stands little chance of collecting from you (although a trail is a hassle, and you would have some expense).\n\nSounds like he's playing "chicken."  Make sure your version of the story is accurate, and then ignore him.  Or if you don't think the harassment is worth posting a complaint, remove it and get over it.  If the complaint is legitimate, you should report him to the BBB.  And if it were me, I would post something with THAT, and just say  you had a very bad experience.
201274
I looked it up on westlaw...it looks like a landlord/tenant case.  the plaintiff, Karagiannis, leased the sixth floor of a building from defendant Malltown.  The lease stated that all "common areas" (shared areas) would be under the control of the lessor (defendant)  When other floors became unoccupied, the defendant stopped service of some of the elevators/escalators that brought people to the sixth floor cafeteria owned by the defendant.  The plaintiff requested an injunction, he wanted people to have access, obviously.  The defendant said it opened up his unoccupied floors to vandalism, etc.  The court held that the defendant needed to resume service immediately.  It looks as though the reason the court gave was that there was an implied promise on the part of the defendant, b/c the plaintiff had been using the services for a year.....there is alot of detail at the end, but I think that sums it up.  If you need more on reasons why, and if this is for a class you probably do, try googling the case, or findlaw.com\n\nGood luck!
540351
A lawsuit cannot go forward against someone without giving them an opportunity to participate.  Since you never received actual notice, they are depending on "constructive notice" by leaving it at your address.  The fact that you had moved should be enough to defeat that service, it makes no difference if a friend or releative lived there or not, they cannot leave service anywhere but your abode. \n\nThat means that the entire case was void, but they don't know that until you tell them correctly. \n\nYou need a lawyer to get the verdict thrown out. \n\nThey can't refile or serve you, the statute of limitations is gone. \n\nI'm not clear on why you lost your driver's license, but that's probably unrelated to the civil suit.
128163
Ok, you're making this a lot harder than it really is. The fact, pure and simple is, if your name is not on the lease agreement, then no, she cannot take you to small claims court because unless you cleared it with the manager of the complex and let the manager know you were going to stay for a little while but not permanently, your friend cannot take you to court and serve you abandonment papers.
559476
Yes, small claims court is your best way of collecting the money owed to you. It might be hard to prove due to the fact that you have a VERBAL and not a Written agreement. \nI would try it anyway, though.. often a judge can determine if a person is lying and award you damages. Ask only for the amount owned to you and the cost of courts. Remember next time to get agreements in writing, it wil save you a lot of trouble! \nIn this case, you have the burden of proof, so be sure to have copies of all the bills owned whether they have been paid or not.. and also copies of any checks, receipts, etc.. Good Luck.\nPhone bills often have dates  and times that may help you prove your case. Go get copies if you have thrown them away!
474320
Get a lawyer.\n\nUnfortunately, your friend must have missed something like notices from the assessor's office, sheriff's auction or something.
184664
Your friend should keep very clear documentation of every infraction on the "stay clear" order.  \nCall the police if "Sally" should come within 10 feet, keep very precise records of phone calls (including screening phone calls if necessary), and contact the local authorities every time there is damage to personal property.  \nWith enough evidence, the courts will be required to take action against Sally in defense of your friend.\n\nGood luck!
30809
Of course you could win the case in court.  The problem is collection after the judgement.  All you'll have is a legal judgement, the person can still stiff you and refuse to pay it.  I would require a form of collateral.  If your friend owns property, with a judgement you could put a lien on it so he/she couldn't sell it or even refi because the title isn't clean.  Get the letter notarized too, the notary would be another witness.  If you have any doubts, don't do it.
467322
You can very well file it in Tennessee court of small claims which has jurisdiction because the claimant stays there. If the person you are claiming against is a registered firm or company they mention in their documents as to where such legal claims against them can be filed.
101519
Anybody can sue, but the question is if there's a cause that is actionable by the court.  A person can not benefit from an illegal action.  In this case breaking in is the illegal action and thus prevents the homeowner from having responsibility.
415778
Go back to Court immediately and file papers (if you don't have an attorney, either call Legal Aid or ask the Clerk of the Court -who cannot give you legal advice, but CAN guide you to the correct forms to file) to bring the violation(s) of the Court Order to the attention of the judge for a ruling. Violations of a Court Order are Contempt of Court, and I have yet to meet a judge who takes these lightly (and I have met a couple, through similar situations caused by my ex). The Court does not feel warm & fuzzy about individuals who thumb their nose at the Court's authority. Until you take steps to get these matters brought back before a judge, your ex will continue to act without impunity. In the meantime, while you are waiting for a court date, take steps to protect your share of the community property, by making everyone (like banks, credit agencies, mortgage companies, etc.) aware of the Court's original ruling, in an effort to reduce your ex's chances of disposing of the property without your knowledge or permission. Good luck with this. Vindictive and unethical ex's can be very creative and resourceful. My ex even disposed of NON community property, when he got a hold of our daughter's house key, let himself in while I was out of town, stole my grandmother's hope chest and the hand-made quilts she had made which were in it, and sold them to a no-questions-asked dealer. I was unable to prove anything (it was all supposition and circumstantial, without witnesses) - and lost everything. DO NOT remain passive about this. You must act to protect your interests NOW.\n\nIf the vehicle is long-gone, the Court will likely not only find your ex to be in Contempt (and subject to fines and/or jail time), but will likely also order your ex to pay you at least half of what he sold it for - which he must prove. You should try and track down the paperwork pertaining to the sale, as best you can, to bring with you into Court. You should also consider getting a subpeona served on the person he sold the vehicle to, to force them to come into Court and testify as to the circumstances surrounding the sale. This person will likely be viewed as a hostile witness, but they WILL have to testify - unless THEY also want to face contempt charges. \n\nTaking these actions will send a clear message to your ex that he has rattled the wrong cage. Be diligent and persistent. You are not doing these things to "get back at" your ex. You are doing thse things to protect your interests.
633521
How much were your belonging worth? Do you have any proof, e.g., receipts, etc.? Not any attorney, but doubt you could sue for more than actual damages and court costs. Have you contacted the owner or insurance company.