When is Personal Property Considered Abandoned in NJ?

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Lotzaspotz

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Jurisdiction
New Jersey
My sister in NJ allowed a disabled veteran friend (at the time) to live in her house in exchange for helping with upkeep of the premises and surrounding property, which he did not do as time progressed. He gave her money towards his groceries. There was no written agreement and no lease.

Unknown to her at the time. he suffered from ptsd and was a hoarder. He promised to rent a storage facility, but later refused and basically almost filled up the house with boxes of junk he accumulated. He gradually grew violent and threatened her whenever she told him to remove his junk or leave. He physically attacked her a couple of months ago, and she called the police, went to Court, and has a Permanent restraining order in place. He has not been incarcerated.

The Judge gave him one opportunity to remove his belongings I assume with a police escort, but did not give him a deadline by when do do so. It will take a moving van to accommodate the floor to ceiling junk he has accumulated. They are not allowed to contact each other, so she doesn't know where he is. He has made no attempt to remove any of his belongings.

He also abandoned his two cats there, but she has been taking care of them the past two months following when the attack occurred, and she is willing to continue doing so.

My question is how long is she obligated to hold onto these boxes of books, CD's yard sale finds in general before it's all considered abandoned? She can't notify him formally because of the PRO. The Clerk of Court in her County has not responded to this same inquiry she posted to him and the Judge. The house is not safe, he has doors and windows blocked with his junk. Thank you.
 
NJ Statutes 2A:18-72 through 2A:18-82:

2019 New Jersey Revised Statutes :: Title 2A - Administration of Civil and Criminal Justice

She can't notify him formally because of the PRO.

Notice is required by the statute. She'll have to pay a lawyer to send the notice. Or she'll have to go back to court and get the judge to issue a ruling that she can dispose of everything now that two months have elapsed.

The Clerk of Court in her County has not responded to this same inquiry she posted to him and the Judge.

No surprise there. Clerks and judges don't give legal advice and certainly don't respond to "inquiries."

She'll have to file the appropriate motion in her PRO case.
 
She wasn't looking for advice, she wanted to know if certified mail notice or the like constituted a violation of the no contact order. Would they not know this to be a yes or no answer?
 
She wasn't looking for advice, she wanted to know if certified mail notice or the like constituted a violation of the no contact order. Would they not know this to be a yes or no answer?
What a peach.
 
And if a definition of abandonment was spelled out in the statutes, yes or no. If yes, what is it?

She wasn't asking for analysis, strategies, or suggestions. Just if there was anything nailed down in the statutes.
 
What a peach.
If you're referring to the attacker, that's not the word I had in mind. I realize he's a sick cookie, but he was released after hitting her, biting her, and scratching her face where he tried to scratch her eyes with his nails. All defensive wounds that were what got her the permanent protection order after he was a no show for virtual Court twice. No jail time. I'm glad I don't live in Jersey anymore.
 
If you're referring to the attacker ...
No, I wasn't...I was referring to your response. In any case, your sister's best bet would be to consult with an attorney if she is unclear on what the order does or does not allow.
 
she wanted to know if certified mail notice or the like constituted a violation of the no contact order.

You didn't ask that. The only question in your original post was:

My question is how long is she obligated to hold onto these boxes of books, CD's yard sale finds in general before it's all considered abandoned?

And if a definition of abandonment was spelled out in the statutes, yes or no. If yes, what is it?

You didn't ask that question either. Yes, it's in the statute in 2A:18-72:

2019 New Jersey Revised Statutes :: Title 2A - Administration of Civil and Criminal Justice :: Section 2A:18-72 - Disposal of remaining personal property abandoned by tenant

She wasn't asking for analysis, strategies, or suggestions. Just if there was anything nailed down in the statutes.

She wasn't asking for anything. You were. Which is a good argument for her to come here and ask her own questions. Though, at this point, probably best for her to consult an attorney.
 
No, I wasn't...I was referring to your response. In any case, your sister's best bet would be to consult with an attorney if she is unclear on what the order does or does not allow.

Whatever put you in this frame of mind, I hope your day improves. Snarky comments are not becoming to you if you're supposedly a professional hanging around here to help more than hurt. Get a hobby if business is that slow.

This is in answer to other comments besides yours, since my ability to respond has been cut off:

I was trying to be concise, not rude. Mindful of your time. You misread me.

Whoever posted this, my sis or I, is irrelevant to the nature of the answer and frankly, I wonder why it matters. It doesn't change the answer. Let's not do pronoun nitpicking.

Calling me "dear" is condescending and detracts from the credibility and professionalism of the response. Don't be disrespectful.

I thank you for the information links you gave me in between the insults.

The crack about Jersey was cute, but misplaced. I left there years ago.

We can banter back and forth if you like, but you are all wandering far from the point being content, not style. I'm retired and I have the time to chat with you as long as you like.
 
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Whatever put you in this frame of mind, I hope your day improves. Snarky comments are not becoming to you if you're supposedly a professional hanging around here to help more than hurt. Get a hobby if business is that slow.
Your comment came across a bit "snarky" to me - but perhaps you didn't intend it that way, so I apologize for my response. In any case, your sister would be best served by speaking to an attorney about her matter.
 
Whatever put you in this frame of mind, I hope your day improves. Snarky comments are not becoming to you if you're supposedly a professional hanging around here to help more than hurt. Get a hobby if business is that slow.
You're the one who was being rude. If you don't consider your post (post #3 of this thread) to be snarky/rude, then it that must be because you're from New Jersey.
 
You're the one who was being rude. If you don't consider your post (post #3 of this thread) to be snarky/rude, then it that must be because you're from New Jersey.
Upon rereading it, I think the "tone" came across differently than she intended in that post.
 
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