My girlfriend and i split up one week ago. I was living with her at her request for approximately 2 months. When i left, i packed up my clothes and vacated the home. A few of my larger belongings (i.e. surround sound, laptop and gamming consule) remained at the house. I have continually asked her if i could retrieve my property and she is not allowing me to do so. She says i owe her money and wont release my stuff until she is paid. I have never borrowed money or loaned money from her. I wanted to know if this is concidered theft according to texas penal code 31.03 and if it could also be considered extortion. I would like to settle things peacefully but she will not allow it. What would be my best course of action and do i have enough to charge her with these offenses?
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Shoplifting, Larceny, Robbery, Theft do i have the right to get my stuff back?
- Thread Starter paulgt21
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CdwJava
Moderator
Contact the police and ask. In my state of CA this would be theft, but Texas law may permit such a withholding of property in exchange for money owed. I doubt it, but that might be a possibility. If she can somehow claim some ownership of the property, the police will probably not want to get involved as they will see it as a civil issue, so you may have to take her to small claims court for the property or appropriate compensation.
- Carl
- Carl
jharris352
New Member
Your best bet is to send her a letter that says if you can not get your things in 10 days you will sue and she will be hit with court costs. If she doesn't then go to small claims. It's easy and costs about $80. You will get your things.
mightymoose
Moderator
Consider the fact that she did not unlawfully obtain the property.
You were roommates, and theft is not even in the equation. You left the property there and she is now refusing to let you have it back due to a dispute over money owed.
You have a civil dispute that is best resolved in a small claims court. I can't imagine the police will help you in this matter.
What you could try with the police is to ask them to meet you at her residence to "keep the peace" while you recover your property. They will not recover your property for you, but their presence might cause her to give it back.
If you owe her money her option is to take you to court over it. She can't hold on to your property as collateral. It is not theft though since the didn't obtain the property unlawfully.
You were roommates, and theft is not even in the equation. You left the property there and she is now refusing to let you have it back due to a dispute over money owed.
You have a civil dispute that is best resolved in a small claims court. I can't imagine the police will help you in this matter.
What you could try with the police is to ask them to meet you at her residence to "keep the peace" while you recover your property. They will not recover your property for you, but their presence might cause her to give it back.
If you owe her money her option is to take you to court over it. She can't hold on to your property as collateral. It is not theft though since the didn't obtain the property unlawfully.
jharris352
New Member
He is right. This is conversion at best and a civil matter.
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