Should I file a lawsuit?

[Xaveur]

In May 2000, at age 23, I moved out of my parent's home in Detroit, taking all of my personal property with me. I moved back in with them in August 2001, after an argument with my boyfriend (with whom I've been living since May 2000). In less than a week my boyfriend and I reconciled, but now my parents, who vehemently object to my boyfriend and lifestyle, won't allow me to finish removing the aforementioned property and additional items I've purchased since May 2001. I've made several attempts to convince them that they shouldn't be this way, but my mother threatens violence whenever I attempt to leave with any of my belongings and, along with my dad, simply refuses to return my things as long as I'm living contrary to their religious, moral and personal beliefs. What swift and effective legal remedy might I pursue? Please keep in mind that my mother is a violent woman who might destroy my belongings before this matter is settled.

 

[Michael Wechsler]

Property that is wrongfully withheld may be dealt with in two ways: (1) An injuction to compel a person to return the property (2) an action to recover the value of the property. Without getting into the specifics of each, unless the dollar value is high and the property specific, remedy #1 is not feasible. It seems that you would prefer to avoid suing them for the property they are withholding. Regardless, you still may want to send them a pre-suit letter and hope that this jars the amicable result you are seeking.

You may want to list all the items that you can. In the event that they are destroyed you will want to present your parents with a bill... either now or in court. Hopefully it won't go that far. You may want to send them a polite but assertive letter, certified return receipt, which demands that they make arrangements with you for you to pick up your property which they are wrongfully withholding. You might want to state that the list of property they still have "includes, but is not limited to the following" although I would only list the high ticket items, if any at all. You may want to end off by stating that you understand that they are upset and wish things could be more amicable but you will not hesitate to take further action if this reasonable request/demand cannot be fulfilled.