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

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.