Albuquerque, NM asked in Civil Litigation for New Mexico

Q: How can I get my personal items back from my mother she took or kept without my permission?

My mother took my jewelry, my grandmothers china, books, my diploma, cap and gown, my prom dress, highschool awards, birth certificate, pictures, a painting my father painted for me ect before I moved out of her home and when I left my ex-husband because she had access to my home. I had asked her numerous times for my property back and she would give me excuses and tell me she was making sure it was all safe for me, but never returning any of my items to me upon any of my requests to do so. I have since cut off all communication/ contact with her for 14 yrs now, because of her and my step fathers abuse. However, I want my property back! How do I legally get it back from her? Also what happens if she still refuses to give it back to me?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Recovering personal items from a family member who has taken or kept them without permission can be emotionally taxing and legally complex. First, you might consider reaching out through a neutral third party, such as a mutual friend or family member, who could help mediate the situation. This step often helps in resolving misunderstandings and can lead to the return of your belongings without needing to involve legal avenues.

If this approach does not yield results, you may need to take legal action. Consult with a lawyer to discuss your situation and explore your options. Legal advice is crucial here, as the specifics of your case, including the value of the items and the laws in your jurisdiction, will significantly influence the best course of action. A lawyer can help you understand if you can file a civil lawsuit for the return of your property or if other legal remedies are available.

In the event that legal action is necessary and your mother still refuses to return your items, the court may issue a judgment in your favor that orders the return of your possessions. If she fails to comply with the court's order, she could face legal consequences, such as fines or other penalties. It's important to prepare for this process by gathering any evidence of ownership you have for the items in question, such as receipts, photographs, or witness statements.

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