Hello.
I am from Michigan, in Livingston County.
My ex-fiance broke up with me last February of this year, 2008. Without notice, he took most of his possessions except some tools he left in the shed. He had been notified several times to come remove the remainder of these things, yet canceled several meeting appointments where he should have come picked up these items. The last attempt to have him stop by was around May, to which he never showed up. I had just received a note in my door today, September 25th 2008, written in someone else's hand writing and signed by him, stating that he is going to take me to court and have me pay for the cost of his tools.
I wanted some legal advice to make sure that I will not end up owing him anything in small claims, and what the abandonment laws in Michigan cover. What I have in my defense is the following:
A) He had several chances to pick up his things yet never did. This was never denied him. There is no writing on this, as it was done via text messaging that no party now has. It has been eight months and he was not contactable from June up until now.
B) It was my mother's home, and she got angry as the tools were taking up room in her shed, so they were thrown out last month.
C) There are no receipts for these tools, as nothing was brand new, and my guess at their worth was probably $100.00 if not less. (Very rusted, old hammers, wrenches, things of that nature.)
D) No lease was established during the time he was living here. Nothing was ever put in writing about ownership or the like.
E) Since it is my mother's property, and the items were indeed left on her property, am I even able to be taken to court over this issue at all? She is a valid witness as to what date he moved from the residence, and there were several attempts to have him come pick up his property that he failed to do.
Thank you for any information you might be able to give me. I am not sure if it was a threat, as I cannot see that he has much of anything in the way of a case. Still, I would like to know my rights for this incident and for the future.
Cailida
I am from Michigan, in Livingston County.
My ex-fiance broke up with me last February of this year, 2008. Without notice, he took most of his possessions except some tools he left in the shed. He had been notified several times to come remove the remainder of these things, yet canceled several meeting appointments where he should have come picked up these items. The last attempt to have him stop by was around May, to which he never showed up. I had just received a note in my door today, September 25th 2008, written in someone else's hand writing and signed by him, stating that he is going to take me to court and have me pay for the cost of his tools.
I wanted some legal advice to make sure that I will not end up owing him anything in small claims, and what the abandonment laws in Michigan cover. What I have in my defense is the following:
A) He had several chances to pick up his things yet never did. This was never denied him. There is no writing on this, as it was done via text messaging that no party now has. It has been eight months and he was not contactable from June up until now.
B) It was my mother's home, and she got angry as the tools were taking up room in her shed, so they were thrown out last month.
C) There are no receipts for these tools, as nothing was brand new, and my guess at their worth was probably $100.00 if not less. (Very rusted, old hammers, wrenches, things of that nature.)
D) No lease was established during the time he was living here. Nothing was ever put in writing about ownership or the like.
E) Since it is my mother's property, and the items were indeed left on her property, am I even able to be taken to court over this issue at all? She is a valid witness as to what date he moved from the residence, and there were several attempts to have him come pick up his property that he failed to do.
Thank you for any information you might be able to give me. I am not sure if it was a threat, as I cannot see that he has much of anything in the way of a case. Still, I would like to know my rights for this incident and for the future.
Cailida
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