Life on hold

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New Member
Jurisdiction
Arizona
I was kicked out of my sister's house.
She gave me no eviction notice.
I have lived with her for 3 years, no contract
only verbal agreement I could stay until I got back on track.
She changed the locks won't let me get my stuff out of her house to put in storage.
Police said they couldn't make her let me get my stuff if she said no about letting me in to get my property it would be a court issuse for that.
She now states I owe her money from a insurance settlement I got on my vehicle (I bought from her in 2011.) to get it fixed.
The night before she kicked me out she accused me of taking the vehicle title because she couldn't find it. She had herself as lien holder on the vehicle title (I don't know how she was able to do that since I don't owe her any money on the vehicle.) Night before she kicked me out she cleared the lean on the title and put herself down as the owner.
She says I can't get my property unless I give her the settlement money from the insurance. She has put my life on hold because of the actions. How can I legally get my property? I could careless about the vehicle as far as I'm concerned to me anything about the vehicle is now null and void once she put her name on the title. I just want my property.
 
First and foremost you were a tenant.

Your sister has illegally evicted you, locked you out, and is illegally retaining your personal property.

You'll have to take the matter to court, most likely small claims court, UNLESS you can hire a lawyer or get a legal aid lawyer to help you for free.


Under Arizona law, a tenant may recover damages as determined by the court. (A.R.S. § 33-1368E)

If a landlord has disposed or destroyed the property that is subject to a writ of restitution before the 21 day holding period expires, the tenant should attempt to resolve the dispute directly with the landlord. If that fails, the next option is to look to the courts to obtain restitution for the disposed or damaged property under A.R.S. § 33-1368E. Depending on the value of the property it may be possible to file a small claims action. Your local courthouse can provide information about the small claims process and it is always a good idea to consult an attorney to discuss your options.



You can apply for free legal assistance here:

AZ Law Help


AZLawHelp.org - Arizona Law Help


As a homeless person, you just might get them to help you.

Free or reduced fee legal help might be available for those that qualify. Click or call 866-637-5341 to check eligibility.



you need written legal information or self-help packets? Information about your legal rights and self-help legal packets including court forms can be found online at: www.AzLawHelp.org


State Bar of Arizona
www.azbar.org Maricopa County Bar

www.maricopabar.org

Referral number 602-257-4434 Pima County Bar

www.pimacountybar.org

Referral number 520-623-4625

National Domestic Violence Hotline
800-799-7233

Bankruptcy Court Self Help Center
866-553-0893
 
Thank you for your reply and the links.
Struck out twice already when trying to work it out with her. Can you tell me what a quick order is? A friend gave me that suggestion but I don't know how that works. Since I have to wait until Tues to talk to the court I'm trying to learn what my options are so I will be more prepared come Tues. I'm not homeless I'm staying at my mom's temporarily because her house will be sold soon. I'm thinking if I get a court order to get my stuff I would have to have police assistance as well? If that's the case with police assistance how much time will I get to get my stuff out?
 
One step at a time.

You have to read the information on the links, then decide which remedy to seek to recover your stuff.

The court will want to know what you did to get her to release your stuff.

You might wish to create a journal, noting dates, times, persons, actions, etc... In which you engaged in pursuit of your stuff.

This won't be resolved by a magic chant, enchanted dance, or uttering a magic phrase.

It is best to avoid court, but if that's the path you're choosing, prepare for a long, slow slog.
 
One step at a time.

You have to read the information on the links, then decide which remedy to seek to recover your stuff.

The court will want to know what you did to get her to release your stuff.

You might wish to create a journal, noting dates, times, persons, actions, etc... In which you engaged in pursuit of your stuff.

This won't be resolved by a magic chant, enchanted dance, or uttering a magic phrase.

It is best to avoid court, but if that's the path you're choosing, prepare for a long, slow slog.
 

You did not answer my question what a quick order is. The only thing the courts tell me sue for property or monetary claim for property. And that I need a lawyer. Those links have been no help at all. All I want to do is get my property legally by myself and no one seems to have an answer for that. So this has been a total waste of my time and effort
 
You're looking for the "easy" answer. There isn't one except for working it out with your sister.
Try this "Hey sis I don't have the money that you're asking me for, but I'll give you $$$ in exchange for my belongings."
 
All I want to do is get my property legally by myself and no one seems to have an answer for that.

No one here has any authority to assist you in getting your stuff back.

No one here knows if your recitation of events is correct.

Your sister will have an opportunity to present her side of the dispute, if and when this goes to court.

Until you go to court and judge issues an order directing your sister to turn over "the stuff", there is NO EASY way.

The fact that the courts offer no EASY solutions is why I suggest to people to try and work it out with the other party.

What does that mean?

To me it might mean asking a neutral party to determine if my adversary would turn "the stuff" over to me.

As to me handling YOUR problem, that isn't my job.

I am a retired lawyer.

I rarely do real legal work these days, and if I do, I do it for friends and relatives.

This site is free for anyone to use.

You got your money's worth here, mate.

In fact, you got more here than from your sister, who holds your stuff along with continuing to stymie and stiff you.
 
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