Q: If my nephew moved out and took things he wasn't supposed to, can I legally get them back?
I live in GA and have had custody of my nephew for the last 5 years. He recently turned 18 and ran off while I was at work Monday. He took a tv and xbox that I had in his room. cost roughly $500 for both. He is refusing to return these items or pay for them. If there anything legally I can to get them back or to get paid for them? He tells me he is gonna call the police on me if I try to get them back.
A: I'm sorry this happened to you. If they were yours he was not legally able to take them, but I agree with my colleague in that it is probably not worth investing in trying to get them back. Hopefully he looks back upon it and sees the error of his ways and learns from it. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
A: I disagree with my colleagues. This is valuable property and, if it is yours, you need to get it back. If you hire counsel it is not cost effective, but you can file a claim on your own in magistrate court and get a court order to get it back. Once you get an order, you can get a writ of fi fa and take it to the sheriff. The sheriff will go take the property back, and, if they can't, they will take property equivalent in value and sell it at auction to get compensation for you. Good luck getting this taken care of.
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