Question: Can You Sue Someone For Keeping Your Stuff?

Can someone take your house in a lawsuit?

Judgment creditors can force the sale of your home to get paid, but they rarely do this.

If you’re sued in court for a sum of money and lose the case, the prevailing party will be granted a judgment.

That party may then obtain a judgment lien, which is a lien that attaches to your real estate..

What happens if you lose a lawsuit and can’t pay?

If you lose a civil case and are ordered to pay money to the winning side, you become a judgment debtor. The court will not collect the money for your creditor, but if you do not pay voluntarily, the creditor (the person you owe money to) can use different enforcement tools to get you to pay the judgment.

When can I throw out someone’s stuff?

In most cases it doesn’t matter whose name is on the house if they have at one point stayed in the house or you or a family member allowed them to keep items there then you can not legally dispose of the items without notifying them via certified mail and then they generally have 30 to 90 days in which to come for …

Do you legally have to give gifts back?

No, a gift is not subject to any legal requirement to return the gift. A gift is a gift is a gift, and such a gift does not automatically turn into a loan just because the…

How much does it take to sue someone?

As to the cost of taking someone to small claims court, you’ll generally pay a filing fee of less than $100 that is recoverable if you win. Meanwhile, each state will cap the amount you are allowed to sue for. It typically ranges anywhere from $2,000 to $10,000, according to LegalZoom.

Can you sue someone for losing your stuff?

Depending on the value of the items you lost, you may be able to sue your friend in Small Claims Court. Your damages (the amount you are seeking to recover in your lawsuit) should include the value of the items you lost and court costs. Court costs would include the court filing fee and process server fee.

How do you prove something is a gift legally?

What are the Elements of Proof for a Gift?Capacity of the Donor: The donor must have legal capacity to make a gift. … Intent: The donor must intend to transfer the property as a gift. … Delivery to the Donee: Delivery of the gift can be actual, symbolic, or implied through conduct.More items…•

Can someone take back something they gave you?

When someone gives another person a gift, the gift becomes the personal property of the recipient. This means that the recipient can use the gift in any way he or she wishes. … The only time someone can ask for a gift back is if the gift was given in exchange for a promise. This is known as a conditional gift.

What do you call someone who gives you something then takes it back?

The Merriam-Webster Dictionary defines an “Indian giver” as “a person who gives something to another and then takes it back or expects an equivalent in return.” The term, the dictionary notes in italics, is “sometimes offensive.”

How long can something be left on your property before it becomes yours?

60 daysIf they don’t come to pick up their stuff after 60 days, and haven’t reached out to you with a good reason as to why, you can consider the property abandoned. In that case, you may dispose of it as you see fit.

How much does it cost to file a defamation lawsuit?

For contested cases, costs fall between $4,000 and 6,000 per month for the length of the case. If your case proceeds all the way to trial, it’s possible to see total costs reach $30,000 to $60,000 because of the work and personnel involved.

Can you be sued for everything you own?

As long as your complaint meets the criteria and you have sufficient evidence, yes, you can virtually sue for anything. Just because you plan to sue someone, it doesn’t mean that you will win your case. This is where you need the help of an experienced attorney who can determine how you should proceed.

Can you call the cops to get your stuff back?

The police don’t typically assist with that. However they will come and standby while you go into the residence to retrieve your belongings. All you have to do is call and wait for the officer to respond.

How long does something have to be on your property before it becomes yours?

However, the statute of limitations on conversion is 3 years. If the tenant ever asked for it back during the 5 years, and at any time closer than 3 years ago, that could make you liable for the conversion as conversion can be considered a continuing tort, and on demand it restarts the 3 year period.

Is it illegal to throw someone out of your house?

And evicting a tenant or a lodger is a civil matter, which means the cops won’t touch it. … If a lodger in California refuses to leave after 30 days, they can be kicked out without going through a court-ordered eviction process, because after the 30-day mark, they are officially trespassing.

How do you find out if someone is trying to sue you?

How to Find Out if Someone is Suing YouContact Your County Clerk’s Office. Your County Clerk’s office should be the first place you stop if you believe you are being sued. … Try Going Directly to the Court. … Try Searching For Information Online. … Check PACER.

What do you do when someone won’t give you your stuff back?

You can go to the police and file a criminal complaint for theft of property. List and identify the items to the best of your ability. You can also sue in a civil court for the return of your property or the value of the items if not returned plus punitive damages.

Is suing someone worth it?

Is Going to Court Worth It? Again, it just depends on the specifics of your case. If you have a strong case and a good attorney, suing a person might be worth the costs. But if your case isn’t as clear and you don’t have a large budget, you may want to think twice before going to court.