Greensboro, NC asked in Collections for North Carolina

Q: My girlfriend broke up with me and gave me my clothes only. She still has 22 other items that she will not give me.

How do I get the rest of my property when she will not speak with me.

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1 Lawyer Answer
Amanda Bowden Johnson
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Answered
  • Jacksonville, NC
  • Licensed in North Carolina

A: There are plenty of illegal ways to accomplish this but they would all likely land you in serious trouble. The two most common legal ways to handle it would be:

1) to file a civil small claims suit against her for either the return of the property she kept or if she has disposed of it the fair value of the property. You are going to have to prove to the magistrates satisfaction that you are the owner of the property and that you didn't gift the property to her.

2) swear out a criminal warrant for conversion. Her keeping the property could be the crime of conversion. When you broke up and your property was left in her possession she became what is known as a bailee and has an obligation to take reasonable care of your property ffor a period of time until you can take possession of it. If she keeps the property for her own use - that is the crime of conversion. Simply go to your local magistrates office and see if you can get a warrant. If so, this method is cheaper that filing a small claims action. You will want to either personally deliver or send her a certified written letter stating your intent to seek a warrant if she doesn't return your property and allow her 48 hours to return the property to you before you seek a warrant. See statute below - Good luck to you!

§ 14-168.1. Conversion by bailee, lessee, tenant or attorney-in-fact.

Every person entrusted with any property as bailee, lessee, tenant or lodger, or with any power of attorney for the sale or transfer thereof, who fraudulently converts the same, or the proceeds thereof, to his own use, or secretes it with a fraudulent intent to convert it to his own use, shall be guilty of a Class 3 misdemeanor.

If, however, the value of the property converted or secreted, or the proceeds thereof, is in excess of four hundred dollars ($400.00), every person so converting or secreting it is guilty of a Class H felony. In all cases of doubt the jury shall, in the verdict, fix the value of the property converted or secreted.

§ 14-168.3. Prima facie evidence of intent to convert property.

It shall be prima facie evidence of intent to commit a crime as set forth in G.S. 14-167, 14-168, and 14-168.1 with respect to any property other than a truck, automobile, or other motor vehicle when one who has, by written instrument, leased or rented the personal property of another:

(1) Failed or refused to return such property to its owner after the lease, bailment, or rental agreement has expired,

a. Within 10 days, and

b. Within 48 hours after written demand for return thereof is personally served or given by registered mail delivered to the last known address provided in such lease or rental agreement, or

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