Asked in Criminal Law, Civil Litigation and Small Claims for Florida

Q: How can I get a phone back from an ex that I pay for still and owe 700 dollars on still and is under my name

He is an abiser and narcissist he also stole battieries and the bsttiery port oit of my belongind and wont rerun that as well

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
Answered
  • Criminal Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: If you're talking about theft, you have the option of calling the police. However, if your ex would give them a story contrary to yours about who owns what, the police would likely say it's a civil matter and leave him alone. To have a good set-up for taking action in the civil court (if necessary), first make a written demand for return of the items that you own, and it's best to use a method with proof of delivery, such as certified or priority mail or FedEx. Give a deadline to return the items (for example, within 3 days of his receipt of your letter) and indicate in the letter that you will need to file a lawsuit against him if he doesn't comply. If he then fails to comply, you may file a lawsuit for replevin (seeking a court order for return of your items) and, if you wish, for conversion (seeking money damages for loss of use of your items). If the total dollar value is $8,000 or less, you can file in small claims court, where you do NOT need a lawyer. Your local Clerk of Court office probably has small claims forms that include forms for replevin cases or forms that have various options, including replevin (and possibly conversion). You may pick up hard forms to fill in by hand or obtain forms online that enable you to type in your information.

By the way, when you write a letter, and if you file suit, you must be way more careful with your spelling than you were in this inquiry; it needs to be perfect.

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