Q: If I sue for my belongings in house she won't give back can she Cross complaint fiel for emotional distress, loss wages
My ex won't give me my belongings so I am suing her for $10,000. Can she do a cross complaint for emotional distress, lost wages, financial burden and storage of my. Property for 12,000
A:
Sure. She can also sue the Pope, and Mickey Mouse, and Darth Vader. Anyone can sue anyone for anything -- the question is whether or not she'll be successful.
Here's my suggestion: see if you can work it out with your ex. As part of that, tell her you'll be calling the cops and reporting her theft of your belongings if she won't return them. If she still won't, then do just that: call the cops, or go in and file a report. Likely, they'll contact her and try to convince her to return your stuff. On the other hand, sometimes cops don't feel like getting involved with domestic break-ups and they'll give you a lazy answer like "You're going to have to file a civil suit against her in small claims court." But it's worth a shot.
If you do sue her for the value of your belongings, you'll need some proof of its value for the court (receipts, credit card statements for the purchases, etc.). Can she counter-sue you for other things, like you mentioned? Sure, but cross that bridge when you get to it. She'll have to prove entitlement to those claims as well -- but she won't get to ask for storage fees for your stuff if she'll holding it against your will.
If you'd like to discuss your case in more detail, feel free to contact me offline. Best of luck to you.
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