Full question:
My ex-boyfriend and I shared storage space while I was deployed. Now I am back, and he won't return my property. Items include a Television, Lazy boy, and about 200 DVDs. He's avoiding my emails and phone calls. He lives in Fort Polk, Louisiana. How can I make him give me my stuff back?
- Category: Civil Actions
- Subcategory: Conversion
- Date:
- State: Georgia
Answer:
Conversion is a action brought in civil court to recover the value of personal items of property, wrongfully converted by another to his own use. The action seeks a remedy for the conversion, not the taking of the item. If the items are of a unique nature, so that money can’t replace the item, a writ (official order) of replevin may be sought in court. A replevin petition seeks the return of the particular items taken.
For civil cases, venue is usually the district or county which is the residence of a principal defendant or where they regularly conduct business, where a contract was executed or is to be performed, or where an accident or harnful act took place. In a civil case, the complaint must be served on the defendant. In a lawsuit in which the case is against a specific individual, the court must have in personam (personal) jurisdiction over that person in order to try the case. To serve a defendant who is out-of-state, due process requires that the defendant have minimum contacts in the state where the lawsuit is filed. The defendant’s activities in the state must be significant enough to make it foreseeable that he would be called into court in that that. For example, when the defendant has a place of business in the state, it is often sufficient to get personal jurisdiction over him.
If the taking of the property was with wrongful intent to deprive you of rightful ownership, it may be possible to file a theft complaint with the police department and sometimes the police can negotiate a return of the property without the need for theft charges to be filed.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
