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Ex boyfriend withholding belongings

Discussion in 'Civil Court, Procedure & Litigation' started by amjebm26, Nov 3, 2011.

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  1. amjebm26

    amjebm26 Law Topic Starter New Member

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    my ex and i have split about a month ago and i am still trying to get all my stuff back. we had a storage unit under his name that has 3 large totes full of my belongings. He is refusing to allow me access to it. He states he has not yet paid the bill for the storage and is threatening to close his acct and have my belongings auctioned off with the unit. I understand that since my name is not on the unit i have no right to cut the lock and retrieve the items myself, so i am stuck trying to figure out how i can legally get my stuff before it is auctions off or he closes the account. My mother advised me to call the police and have someone escort me out there and with the police there the storage unit would have to open the unit for me, however they do not have a copy of the key. If anyone could lead me in the right direction i would greatly appreciate it. The belongings in the unit have great sentimental value and once belonged to my deceased mother. Thanks for your time!
     
  2. army judge

    army judge Super Moderator

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    Yes, the police can meet you at the unit and stand by (to keep the peace) while you gain access to the unit to retrieve your stuff.

    You could ask him to meet you there.

    Or, you can say nothing to him and cut the lock.

    Then you remove your three boxes, and put a new lock on the unit.




    You then give the key to the manager on duty, mail it to him, give it to him (if you invite him), or put a combination lock on the unit and text or mail him the combination.

    If I were you, I'd do all of this without telling him.

    Let him find out after you have your stuff.

    Good luck.
     
  3. jacksgal

    jacksgal Super Moderator

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    If he has not paid on unit its unlikely they would permit access and even if he is current on rent again they will nto likely permit access if her name is not on account
     
  4. amjebm26

    amjebm26 Law Topic Starter New Member

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    yeah i know i can have an officer stand by, but its a matter of getting jerkface to cooperate. he is refusing to open the storage and he took my key so i cant access it. im afraid if i cut the lock i will could be charged with breaking and entering...
     
  5. jacksgal

    jacksgal Super Moderator

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    Do not cut the lock if your name is not on storage lease.
     
  6. mightymoose

    mightymoose Moderator

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    You can run this scenario by your local police to be sure...
    I would argue that you most certainly can cut the lock and recover your property and not worry about any burglary charge-- you can't steal your own property. In such a case you would be responsible for the damage to the lock and should be prepared to replace it. Do not leave the unit unsecured. If your intent is not to commit theft then you are not committing burglary or any other crime. Your problem remains a civil one between you and the ex.
    Do not take anything that is not yours and you would be fine. You could possibly have an officer stand by to witness what you recover so that you are not accused of taking more.
     
  7. jacksgal

    jacksgal Super Moderator

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    Personally I do not see the storage place to allow entry or allow you to remove lock without being on the rental contract.
     
  8. mightymoose

    mightymoose Moderator

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    That is still a civil matter, not a criminal one. If it were me I would cut the lock and get my stuff... all I am responsible for is the damage to the lock.
     
  9. army judge

    army judge Super Moderator

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    Yeah, me too.

    That's why I'd leave a new lock and set of keys with the on site manager.
     
  10. TheChosenOne

    TheChosenOne New Member

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    I wish I would have seen this when you posted. If he bought the padlock at a hardware store, there should be a serial number on the bottom of the lock. ask the hardware store to order (or see if they still have) a padlock with the same serial number, that means the key will be the same. Masterlock is like this. Certain keyways are designated and allocated in certain areas. If you could buy a lock with the same key, there would be no "breaking". You could get in , get your stuff, lock up the storage and be on your way and your ex wouldn't be any the wiser.

    However, my guess is he bought the padlock at the storage place, as most storage places sell (at exorbitant prices) their own padlocks and they are most likely keyed differently for obvious security reasons.

    Just thought I'd throw that out there.
     

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