I lived in my partenrs home and she changed the locks and all my belongings are there, Can I call a locksmith?
Lucey asked:
to help me get in to move my things. my drivers license checks, mail still say that address and I was told by the police since my name wasn’t on the home she didn’t want to let me in so he said I had to go to the court building and since it is over $3,000 in my belongings I can’t do a small claim and I was denied an order of protection twice because I never called the police when she was abusive. What are my rights /liability ?????
to help me get in to move my things. my drivers license checks, mail still say that address and I was told by the police since my name wasn’t on the home she didn’t want to let me in so he said I had to go to the court building and since it is over $3,000 in my belongings I can’t do a small claim and I was denied an order of protection twice because I never called the police when she was abusive. What are my rights /liability ?????
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Comments on I lived in my partenrs home and she changed the locks and all my belongings are there, Can I call a locksmith? »
Local laws vary, but if your address lists you as residing at that house, your sheriff’s department should be able to assist you in removing your belongings. The longer you wait the harder it will be. Sounds like you may need a good lawyer though if this person is as vindictive as they sound.
If you use a locksmith then you can be charged with burglary and forced entry.
You need an attorney.
You should be able to go to the police again and ask that they escort you to get your things at an agreed upon time. Most police departments will do this if you ask and if you show them that you have a fear for your safety and are in a relationship with this person, even if your name is not on the lease. Just ask, it can’t hurt.
You might also see if you can get a third party to pick the things up for you, someone you both can agree upon. After you get your stuff back than goto court to get the rest, if there is anything else not returned. You should be able to get another copy of your driver’s license sent to wherever you are staying.
Check with your local laws and get a lawyer if need be. I know that here in Alabama if a person is recieving mail at the residence they are legally living there and the process is as follows. Present the individual with a 30 day notice of eviction, if that doesn’t work it’s $200 to have the law serve them with papers. You are not allowed to change the locks, if you do and the individual breaks in they WILL NOT be charged with breaking and entering. As for you getting kicked out and not being able to get your property – it seems to me that there would be some kind of law regarding this. Do some more research, call the clerk of court, get a lawyer’s opinion. In most states a consult with a lawyer is free. Get your stuff back! I know if it were me, I’d be fighting tooth and nail for what is mine!!
you are better off calling the police. if you call a locksmith they probably wont help you, and if they do you could be charged with breaking and entering. what you need to do is call the police, have them come to your parents home when they are there and the cops can easily establish that you had prior residence there. you see, even if you dont own or have your name on a lease a person cant just take all of your stuff and keep you from it as long as your things are at a place where you have what is legally termed “established residence”. Heres the catch – if your parents are scoundrels enough to lock you out with all your stuff they may lie about you having lived there. if they do that you may be screwed. its important that they tell the cop that you did indeed live there until recently. oh, and if they lie to a cop and you can prove that you live there (a drivers license with that address for example) thats a crime.
great answers above but if you are in the Florida area……….did you know that IF some one gets mail to that address you can NOT throw them out just because you feel like it you have to take them to court and get them evicted, so in that case you would be protected………
see if you are area / state has a law that would help you.
regards