Ex took packages not intended for her?

Question

My ex forced me out of the house mid December. I was still on the lease until mid January. I had three packages delivered there in my name in that time frame. She refused to give them back and instead kept them for herself. I have a small claims court date soon. Can I bring that up in the hearing to get charges brought against her?

Nuff Sed · Answer

You can file the criminal complaint and use it as evidence in your civil suit, as you make a motion to amend your case to include additional items that she owes you.  Not all small claims courts have the power to issue orders to return things as compared with ordering the defendant to pay money damages for the equivalent value of the goods (if they are fungible).

Nosehair · Answer

No, small claims court is only for civil cases, no criminal charges will be brought against anyone in small claims court. You will, however, be able to file a second small claims case against her for the value of the things shipped to you that she refuses to give you.

Squid · Answer

Yes, but small claims court won't file charges.  They make her return the items or pay you the value of them.

? · Answer

You could do that.

Spock (rhp) · Answer

you can bring them up as subsequent related events if the judge allows it.  the best you can get is a court order telling her to give the packages to you -- assuming the contents were legal, of course.

The Truthseeker · Answer

Small claims do not address criminal issues like that. You can sue her for damages for the loss of packages and bring it up. You must have proof.

Anonymous · Answer

Small claims court has nothing to do with criminal charges.   Civil judges are not police or district attorneys.

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Ex took packages not intended for her?

7 Answers