Q: Can I request a judge to quickly rule on a single motion for Writ of possession, or will I have to file a civil lawsuit?
I have belongings at my girlfriends house and she wont give the rest of my stuff back. If I ask her to let me get my stuff she'll say I'm harassing her, and thats nowhere near the case. We broke up last weekand she brought much of my stuff outside.
I had new items inside her house and shes returned them and kept the money. I really need my computer, files, some equipment, and clothes I have there. She's very difficult to work with.
If I request a civil assist from the police she wont answer the door. So I plan to reach out to her (havent talked to her in about a week) and ask if shed gotten my stuff together for me to pick up. If she doesnt cooperate, I plan to seek a court order allowing me to enter the property and get my sought belongings.
Must I file a small claims action and seek the judge rule on a Writ of possession motion? Do a general civil complaint with the Writ as the case objective? Or is there another way? My mail and ID is to the adres
A: You can make a motion to expedite. If unsuccessful, you will have to file a new action against her in circuit court for the return of your property.
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A:
In Kentucky, retrieving your belongings from an ex-partner's property can be a delicate legal matter. If amicable resolution attempts fail, you have a couple of legal options to consider.
Firstly, you could file a small claims action if the value of your belongings is within the small claims court's monetary limit. This action can include a request for a Writ of Possession, which, if granted, orders the return of your belongings.
Alternatively, you could file a general civil lawsuit. This approach might be more appropriate if the value of your belongings exceeds the small claims limit or if the situation is more complex. In this lawsuit, you can request a Writ of Possession as part of your relief.
It's important to gather evidence supporting your ownership of the items and any attempts you've made to retrieve them peacefully. Documentation like receipts, texts, or emails can be helpful.
Before proceeding with legal action, consider reaching out to your ex-partner one more time, possibly in writing, to request the return of your belongings. This attempt, if documented, can serve as evidence of your efforts to resolve the issue amicably.
Since these situations can escalate or become more complicated, consulting with a lawyer for personalized advice and to understand the best course of action in your specific circumstances is advisable.
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