Can I take my sister to court over missing items?
2018-08-24 11:45 pm
Okay so my parents moved and left me with the house 5 years ago. The house is in mine and my fathers name. My girlfriend has been staying with me the last 3 years. Long story short, my sister lost the place where she was living, and my dad offered for my sister to move back in with us. Needless to say, it didn't work out, so me and my girlfriend found another place to move to. My sister has been told not to touch ANYTHING in the home that isn't hers without talking to me, my girlfriend, or my dad first. Well, while me and my girlfriend were moving and I was away from the house, my sister has the audacity to pack everything that me and my girlfriend own into grocery bags. I wanted to lose my **** but i just ignored it and packed it up and moved it. While i was unloading, the more I unloaded the more I noticed was missing. I would say $500-1000 worth of dishes, spices, untensils, you know, kitchen stuff. As well as, Ironically, I'm missing the security cameras I had bought and intended to install. A garbage can.. just tons of stuff. So my question is, is this something that is court acceptable? Do I have a case here since she was specifically told not to touch anything and deliberately went against what she was told ? The way I see it, I am the homeowner and she is just staying here (there is no contract or anything) so she has to abide by my rules and if she doesn't and my stuff goes missing then i can take legal action because she touched the items outside of my presence?
回答 (9)
2018-08-25 12:15 am
Instead of assuming that your sister took stuff, I think you should assume the stuff got misplaced. You might ask your sister were she put the stuff.
2018-08-24 11:56 pm
I'm not a lawyer, but it seems to me that just "touching" is not something that you can win on in court. You would have to prove that she took specific items. Just because the stuff is missing, that's not proof that she took it.
2018-08-25 11:34 pm
It'll cost you more than that to sue and you can't prove she did it.
2018-08-25 3:21 am
You can't prove anything, that's the problem.
2018-08-25 1:24 am
Ownership of real property (house) has nothing to do with personal property (your dishes, pots, pans, spices, etc). To take legal action against her for missing personal items you first have to prove you had said items. Such as a receipt for the security cameras. Then you have to decide if you want the stuff back or money in compensation. An attorney would not help you unless you are asking for money and a lot of it. Your best bet would be try to get something out of her in small claims court. An alternative is you talk to your Dad since he is the one who let her move back in.
2018-08-25 12:41 am
It does not matter how you see it you are just the co owner of the house with your father. He has the right to allow your sister to live in his house. She does not have to abide by your rules. You have no basis for action. If you did not check the things that you were moving is your fault.
2018-08-25 12:31 am
I'm guessing your father is still at the house. I'm HOPING you asked him if any of the missing items were at teh house. Now the next step is that the items are actually missing. At that point you ask your sister, or have your father ask her, where your missing items are. If she claims she packed them and you took everything she packed then they are missing, and not just misplaced at the house you lived at. I mean I am going by the idea you unpacked everything of course. At that point you could try to sue but would have a hard case. You say you she took/lost them and she will likely say you took them from the house and lost them. The courts may find some liability on her part since she shouldn't have packed them without you asking, but honestly you probably won't get enough to be worth the time and effort.
2018-08-25 7:00 am
Based on YOUR version of the story, not only CAN'T you prove she took anything, but she CAN prove you ABANDONED whatever you didn't take.
Note: There is NO WAY any kitchen stuff you didn't ACTUALLY CHECK before moving is worth $500 to $1000.
Note: There is NO WAY any kitchen stuff you didn't ACTUALLY CHECK before moving is worth $500 to $1000.
2018-08-24 11:52 pm
The US will become the country that people have been trying to escape.
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