Friend keeping furniture

[mamajeen]

Hello,
My sister and I were evicted from a home here in Colorado in August 2008 because we both lost our jobs. My friend (Sandy) at the time said it was ok if my sister and I could move in with her. She never mentioned that we need to pay her rent or anything. We couldn't pay anything as both my sister and I were out of jobs. So we moved a lot of our stuff in her house, whatever we couldn't fit in my grandparents garage. My sister ended up moving out of Sandy's and moving in with my grandparents. I stayed living at Sandy's house. In Sept. 2008 my sister was able to get a job and needed daycare. I wasn't able to find a job yet so I watched my nieces for my sister. Because of the price of gas I was staying at my grandparents during the week and would go back to where I lived with Sandy on the weekend. There were a couple times I didn't stay the weekend as I had a boyfriend and stayed with him and his house. By the end of Oct. 2008 Sandy had told a few mutual friends that if I want my stuff back that I need to pay her storage fees. Mind you that Sandy and her kids are using my stuff while I am not there. I am still out of a job and would like to get my stuff from her house because I now live with my grandparents and have been since the middle of Sept. What do I have to do and prove that she has my stuff so that I can get it back. I just got my children back from their father and their clothes are at her house and I need them because I don't have money to buy new.

Thank you

 

[dee_dub]

By the end of Oct. 2008 Sandy had told a few mutual friends that if I want my stuff back that I need to pay her storage fees.

What do I have to do and prove that she has my stuff so that I can get it back.

You don't need to prove anything at this juncture. Sandy knows she has your stuff, there is no dispute about it.

Have you tried to make arrangements with her to pick your stuff up? When? What did she say?

 

[mamajeen]

I don't have a way to get a hold of her because she doesn't have a phone. I have only been over to the house one time because I don't have a car and use my grandparents if I really need to and she wasn't there. I wrote her a letter to have her call me if she ever got a phone or was around one and I haven't heard anything from her. She is always home because she doesn't have a job. I also received an email from an ex boyfriend that is friends with her that said I lost everything. My bed, T.V, radio everything.

 

[dee_dub]

Emails from ex-boyfriends are of questionable legal merit.

You need to talk to her before you sue her in small claims court. I haven't seen any suggestion so far that a) you have asked her for your stuff back, and b) she has refused. If you can't contact her in person, write her a letter stating that you'll be at her place at a specific time to pick it up, and if she's not there would she kindly arrange to allow you to pick it up. If she says NO, or if she doesn't show, then go from there.