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I have question about abandoned property in Texas??

Discussion in 'Bad Dog Cafe' started by Jason G, Aug 17, 2013.

  1. Jason G

    Jason G Tele-Meister

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    Well you're right I suppose. I might finish up the antique gas range and install it in my kitchen. The other stuff anyone can just take at this point.

    She wouldn't or couldn't pay my attorney fee... And any serial numbers may be on some tools and on the gas range but those aren't documented like in the court papers..
     
  2. playforfun

    playforfun Tele-Afflicted

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    Why not have the attorney who handled your divorce petition the judge with this info. The judge did not mean for you to hold it forever an reasonable time has passed. The judge will then declare the property yours or give her a date to have it removed. Problem solved an no one gets in trouble.
     
  3. Bartholomew3

    Bartholomew3 Friend of Leo's

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    Notify ex-wife by Registered or Certified Mail or Bailiff that she has 30 days to pick it up list of items or they will be removed at her cost as indicated in prior documentation. Get a signature if possible to prove she received the communication.

    That should cover it - I'm not sure if you have the right to sue for removal fees in your state. It may be possible but is a waste of time and effort probably.
     
  4. Spike55

    Spike55 TDPRI Member

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    I guess a 30 day removal clause in the paperwork would have been very beneficial, and would have avoided this issue!! Lawyers don't always think over everything, or sometimes the important things!
     
  5. Shango66

    Shango66 Friend of Leo's

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    Been in a similar situation, different country.

    You want closure on this, you got the court orders, her stuff , she needs to come get it or be charged storage, removals etc.
    The only motivator I found in this , is that when it starts to cost something to the other party it will get a result.

    The local police may help here.
    Round these parts if you notify them of property abandoned or hand in something you found, the police will give you a report for the items.
    after a set period of time, maybe 6 mths, if the owner doesn't come to pick up the items, it's yours.

    Do it the legal way IMO
     
  6. TeleTim911

    TeleTim911 Friend of Leo's

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    Talk to your attorney. You must do this legally, otherwise you could be held liable for price of goods, whatever that may be.

    Do everything by the law, with proof, and it can't come back on you.
     
  7. Joe-Bob

    Joe-Bob Doctor of Teleocity

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    Yes, ask the lawyer.

    But it's not right that you have to house the items against your will, yet you cannot dispose of them either. :eek:



    BTW - If they're really that heavy, then they might be worth some real cash at the metal recyclers, because they are probably made of good steel. ;)
     
  8. sonserve

    sonserve Friend of Leo's

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    This.
    Divorce is a *****.
     
  9. getbent

    getbent Telefied Silver Supporter

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    hold your horses pard.

    Nowhere in the OP do you mention that you HAVE to do anything. So don't. Just let them sit. It sounds like you are having a round of "i really am not a fan of my ex-wife" and you need to let it pass. Go for a walk or ride around in the car for a bit and get some lunch and maybe a nap under a nice tree.

    In a week, if you have not calmed down about this, contact your lawyer and (email is fine) and tell him the following:

    Hi Bob the lawyer,

    Hope you are well. I'm doing well and enjoying the last few weeks of summer. I have something that I wanted to bring to your attention and get your thoughts as to a course of action, if any.

    In my divorce decree, (list your case for him from the decree, this will save time and mondy) Judy (generic name for your ex-wife) was to receive 3 big lockers and a few other items in the settlement which were to be retrieved at her cost and labor. We are 14 months past the divorce being final and she has not arranged nor picked up the items.

    For a variety of reasons, I'm interested in a final disposition of these items, I'd either like: 1) that she arrange to have them picked up and moved from my place or 2) I'd like to own them and do with them as I pleased.

    How long does she have until she no longer has claim to the items, what are my next steps? (if any)

    My first preference would be to be able to have them be my property. My intention, if they were my property is that I would sell them immediately. My second preference would be for her to have them picked up (they are very large and very heavy and there will certainly be a cost associated to their removal.)

    Please let me know your thoughts and the direction you'd suggest I pursue based on my wishes.

    Thanks,

    Jason

    The charge will be nominal and doing it in writing will make it fast....
    let us know how it turns out.. remember, the first to let emotions act like thinking loses!
     
  10. Red Square

    Red Square Friend of Leo's

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    Tell her to have it out by the weekend or your lawyer will handle the situation, and she'll additionally have to pay his fee for handling this legally.
    Then call your lawyer and tell him/her what is going on.
    My guess is she'll get it out by the weekend.
     
  11. blowtorch

    blowtorch Telefied Ad Free Member

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    is this what the song "all my exes live in texas" is about?
     
  12. Tim Armstrong

    Tim Armstrong Super Moderator Ad Free Member

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    Did you mean to post this in this thread? I'd be glad to move it if you like!
     
  13. Tim Armstrong

    Tim Armstrong Super Moderator Ad Free Member

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    You said that the last time you asked her about this, she told you to sell the stuff. So between that and her inaction, it's pretty obvious that she doesn't want the stuff. I'd contact her again, and confirm that, indeed, she doesn't want it and is giving up her claim to it. Get it in writing if you don't think her word can be trusted (or have someone witness her statement), and then go ahead and sell the stuff.

    Tim
     
  14. reverbbb

    reverbbb Friend of Leo's

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    A lawyer told me the same thing, "possession is 9/10 the law". Therefore, I would send a brief certified letter from yourself, stating that she has 72 hours to make arrangements for pick-up. After that, you will consider it abandoned and will have it moved for her (like an eviction). Then sell it. That is when the 9/10 comes into play. Keep the funds for the storage and hassle.

    Due to the 9/10 possession, she cannot take from you what you do not have. If she tries to take you to court, show that she was decreed to take possession of the stuff, but left it for 14 months. A reasonable judge would dismiss her case based on complacency on her part. You also have a certified letter receipt showing that you made a reasonable attempt. You could strengthen your case by offering a portion of the proceeds as a goodwill gesture.

    DISCLAIMER: Not meant to be legal advice, just sharing some thoughts of how I might deal with this issue.
     
  15. boris bubbanov

    boris bubbanov Tele Axpert Ad Free Member

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    I appreciate the offer but, it doesn't matter. Too small a subject for its own thread.

    I just think guys who think this issue with the left behind stuff is "crucial business" in the resolution of a common divorce, have lost sight of how incredibly complicated and mean these things can be. If a lawyer does get the basics right, one needs IMO to relax about the loose end stuff like this. And be thankful the ex is not trying to take the house away or try to implicate a guy falsely with a porn ring or something. Exes can be incredible, and there's really no boundaries anymore. People want the lawyer to be the bad guy, but he's the one who has to listen to the would be customer tell him all the sick things she or he'd like to do to the opponent if the lawyer would just take the case. And I've seen cases where the battle had finally wound down, and some well meaning person tried to clear up a few details and the fire gets reignited and the whole thing goes back to court for years; so much wasted time and resources.
     
  16. Toto'sDad

    Toto'sDad Telefied Ad Free Member

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    She must be mean, ugly, or both. I thought it was impossible for an ex not to have a new interest.
     
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