Cival law or Police? Please help..?

[janyd]

Ok my partner and i have this problem. A few months ago we were staying at a friends home, paying rent, when we had moved back from melbourne, VIC, to find a new place. The Female in the house and i had a argument and my partner and i decided it was best to leave. So we made arangments for our 2nd car, motorbike and our belongs in our car to be picked up later that week. By the time the end of the week came the female has came to our new place and assaulted me, charges dropped... Then she sent a message saying "We have sold your bike and car and belongings so dont bother comming out to get them"... My partner called the male and asked and he said he didnt realise she'd sent it and he was ok to go out and get our belongings, which he did with 2 friends (car and bike). when they got out there the female went bezerk at them and smashed my partners car with a massive rock, she smashed the front quater panel and the drivers side door (2.5k damage) which she is being charged for. So now she is absolutley refusing to give our stuff back. She is claiming that we owe her rent money. We have spoken to the police and they tell us to go to the lawyers because she is claiming we owe money it becomes a cival matter.. so we have seen every lawyer in our town and surrounding towns to which they reply with, its not a cival matter if theres no money oweing theres no money, and even if there was she is claiming its rent and we never signed a rental agreement so there for it would automaticly be struck out there for becomming a police matter... This is going to send me crazy... i have no car, no bike, no belongings, none of my sons stuff or my partners Including a passport. Im actually considering just going out there at night and stealing it all back. No one is helping us and im really unsure where we stand..... Please help..

[albanwr26]

Ok my partner and i have this problem. A few months ago we were staying at a friends home, paying rent, when we had moved back from melbourne, VIC, to find a new place. The Female in the house and i had a argument and my partner and i decided it was best to leave. So we made arangments for our 2nd car, motorbike and our belongs in our car to be picked up later that week. By the time the end of the week came the female has came to our new place and assaulted me, charges dropped... Then she sent a message saying "We have sold your bike and car and belongings so dont bother comming out to get them"... My partner called the male and asked and he said he didnt realise she'd sent it and he was ok to go out and get our belongings, which he did with 2 friends (car and bike). when they got out there the female went bezerk at them and smashed my partners car with a massive rock, she smashed the front quater panel and the drivers side door (2.5k damage) which she is being charged for. So now she is absolutley refusing to give our stuff back. She is claiming that we owe her rent money. We have spoken to the police and they tell us to go to the lawyers because she is claiming we owe money it becomes a cival matter.. so we have seen every lawyer in our town and surrounding towns to which they reply with, its not a cival matter if theres no money oweing theres no money, and even if there was she is claiming its rent and we never signed a rental agreement so there for it would automaticly be struck out there for becomming a police matter... This is going to send me crazy... i have no car, no bike, no belongings, none of my sons stuff or my partners Including a passport. Im actually considering just going out there at night and stealing it all back. No one is helping us and im really unsure where we stand..... Please help..

The police should assist you by just being there to "keep the peace" while you get your personal belongings. I am pretty sure this lady will not be aggressive when the police are there. Also, since the man of that house seems cooperative, ask him to be there when you decide to go over. I am assuming the police took a report on the damage to your partner's car. You would want to bring up that incident in requesting police assistance.

The only excuse I can give for the police telling you it was a civil matter is their reluctance to get involved in a dispute.