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Recover Personal Property

Discuss anything to do with property law - buying, selling property

Recover Personal Property

Postby Cristoval » Sat Jan 31, 2015 7:08 pm

While stationed in Germany as an US soldier. I left some personal property with a German citizen living in Germany. The opponent agreed to keep my property for safekeeping until I returned to Germany. The opponent has decided not to return my property and has kept it as her own. I had a left a secured footlocker containing electronics, and two duffle bags containing clothes and shoes. The opponent cut into the footlocker and has been using the items. I don't have receipts to prove the property is mine. I have an email from the opponent stating what property I left with her. I would like to recover my property but I am not sure if that is possible because I can't prove that it is mine. I have tried to compromise with the opponent but she is not cooperating. How can I legally recover my property from this person?
Cristoval
 
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Recover Personal Property

Postby Acher » Sun Feb 01, 2015 10:53 pm

Hello Tammi,

if you have the person's e-mail in which she confirms what you left with her, I think that should suffice as evidence.

You obviously have a right to get your property back, but you should keep in mind that the person holding your property has no obligation to ship it to you. Do you have somebody in Germany who could pick it up and ship it to you?

You have two options if all direct attempts of negotiation fail:

- You can file a civil suit in small claims court. The court may order that person to hand over your property to you(or someone assigned by you) but it won't order that person to ship anything to the US.

- You could file criminal charges for embezzlement. Usually, these criminal investigations don't go far, but it would put a bit of pressure on that person.

My ultimate advice would depend on the content of the e-mails that you have and of the vale of your property. Please feel free to contact me directly at [email protected]

Andreas Moser

www.moser-law.com

www.andreasmoser.wordpress.com
Acher
 
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