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Can I sue for personal property disposal against my wishes?

Discussion in 'Division of Marital Property' started by Rodney Eiland, Aug 22, 2019.

  1. Rodney Eiland

    Rodney Eiland Law Topic Starter New Member

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    Jurisdiction:
    Texas
    While incarcerated wife filed for divorce with the promise my personal property valued in the tens of thousands would be available to retrieve upon release. Released now 6 weeks my property is said to be no longer available. Approximately 1 year elapsed and countless efforts previous to release for recovering properties were maliciously ignored. Unable to travel from California to Texas to confront exwife and company responsible, can I sue for Intentional Infliction of Emotional Distress and/or file criminal charges?
     
  2. Zigner

    Zigner Well-Known Member

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    How was the property divided in the divorce?

    IIED - no.
    Criminal charges - probably no.
    Sue - if you can't travel to TX, how do you expect to sue?
     
  3. army judge

    army judge Super Moderator

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    You, as can any adult, sue anyone they choose for any alleged tort or harm you have suffered.

    Only a district attorney can lodge charges against a criminal defendant, even if the person were t be arrested by a peace officer in the state of Texas without a warrant on a felony charge.

    If you wish to sue your former spouse, I suggest you investigate the Texas small claims process, and bring your lawsuit in the county, place and precinct before the sitting Justice of the Peace or the appropriate Municipal Court Judge (in some situations).

    Don't get too excited about ever seeing a dime of any judgment you might to be awarded in the unlikely event you were to prevail.

    Suing a mark is hard, collecting from the mark is even often impossible.

    As far as criminal charges, I suggest you discuss your complaint with the applicable law enforcement agency or the district attorney in the area your former spouse resided when the alleged criminal activity occurred.
     
  4. zddoodah

    zddoodah Well-Known Member

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    Anyone can sue anyone for anything, but wrongful disposal of personal property does not give rise to a claim for IIED.

    Only the local district attorney/prosecutor can file criminal charges, but what you described is not a crime.
     
  5. Zigner

    Zigner Well-Known Member

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    I'd like an answer to my first question. It's quite possible that the divorce awarded ownership of whatever property was in possession of the parties to the respective parties.
     
  6. mightymoose

    mightymoose Moderator

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    I would also expect the property dispute to be addressed in the divorce.
     
  7. Rodney Eiland

    Rodney Eiland Law Topic Starter New Member

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    Okay, according to legal references I've seen, no judge will award a spouse's personal property to another, including cars, tools, jewelry etcetera owned previously to marriage. Decree states all marital assets, debts and other expenses shall be negotiated between parties. That opportunity never arrived do to neglected attempts to resolve by family, friends of mine and myself included.
     
  8. Zigner

    Zigner Well-Known Member

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    Sure they can.
    Is that the exact wording?
    I would argue that the negotiations have been completed.
     

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