a friend of mine and his girlfriend of 8 years broke up recently. he had lived with her in a house (not owned by the girlfriend) on her parent's property for the last 19 months and moved out into an apartment about 7 weeks ago. he has a gun safe with several guns, a Nintendo Wii, some tools, and other items in her house and needs to get them out. the ex-girlfriend has changed the locks and says she is keeping all of his property. does he have the legal right to go and get his stuff?

he wouldn't want me posting this on here but i thought this would be a good way to get some info quick while he waits on email replies from his friend who's a cop. i suggested he talk to a lawyer, and he said he would after he hears back from the cop.

oh, this is in rural johnston county. i was thinking the sheriff might have to escort him or something. anybody know anything about this stuff? or know if this would involve city/county, state, or federal law? or even know what the hell this category in a table of contents for laws would be?

her FB status says she sold some personal items that aren't personal to her this weekend. this could get very very messy.

4/12/2010 9:52:08 AM

I wish this was chit chat because then I could ask if this was a single wide.

Serious answer: I believe he has the same rights as any tenant where it is unlawful for a landlord or whatever to hold his possessions for ransom. So the law is on his side, still going to be messy though.

4/12/2010 9:57:53 AM

no, not a single wide

he heard somewhere that if it's been longer than 30 days you can't enter the residence. he can't enter anyway b/c he can't get in. she can't just keep his stuff though, right?

4/12/2010 10:01:27 AM

The easiest thing is to have a Sheriff escort him. That way she can't claim that he took property that wasn't his, or that he did any damage.

If she did in fact sell some of his shit and he can prove it, he can take her to small claims court to recover their value.

[Edited on April 12, 2010 at 10:34 AM. Reason : a]

4/12/2010 10:33:46 AM

Yes--he has a legal right to get his stuff, just as if he were a tenant and she were the landlord. Landlords cannot hold property belonging to a tenant. But like ^ said, the best thing would be to get someone like a sheriff to escort him, because it would cut out the possibility of her calling the cops on him. Perhaps sending a certified letter putting her on notice of him requesting his property back, with a detailed list would also help.

Quote :

"If the tenant is evicted through the court process and the landlord has the furniture and clothes padlocked inside the house, the tenant will have ten (10) days to get them out from the day of the padlocking. The tenant must contact the landlord and arrange for a time during regular business hours or another time by agreement to come and remove the property. If the tenant does not remove them within those ten (10) days, the landlord may dispose of the property in any way he/she wishes. "

This could be where there is some confusion. BUT--he wasn't evicted through a court process, so it's not technically applicable. However, he should get his stuff ASAP. 7 weeks is a long time to wait.

And this is a state law question: North Carolina. Gen. Stat. §§ 42-1 to 42-14.2; 42-25-6 to 42-76 is where he's going to want to look.

Specifically § 42-36.2 would cover storage of the "evicted" tenants personal property.

[Edited on April 12, 2010 at 10:52 AM. Reason : ]

4/12/2010 10:42:09 AM

What a bitch. They must have had some nasty break up. Your buddy needs to take this she-beast to court. Fuck that "my house my property" bullshit. If that were the case my next big scam should be to convince a rich new girlfriend to move into my house. Give her the boot, change locks, profit off her jewelery and other pocessions $$$.

4/12/2010 12:32:47 PM

My guess is that he cheated on her

4/12/2010 12:47:17 PM

He has a legal right to get his stuff but that will have to be done through the civil courts. He can call the Sheriff or local PD and ask to be escorted but if she doesn't let him in the house there is nothing that can be done.

4/12/2010 12:52:24 PM

^^pocessions = possessions?

4/12/2010 12:53:54 PM

^^^not exactly, but close. all the stuff that made this messy happened after he moved out.

she has turned into superbitch though. i know it's been hard on them both but damn she has lost it.

4/12/2010 1:22:33 PM

If the stuff she is holding as significant value, he should consult an attorney, and at least find out from an expert what options are available. Otherwise, just move on.

4/12/2010 2:41:25 PM

Quote :

"he has a gun safe with several guns, a Nintendo Wii, some tools, and other items"

yeah, they're of a very significant value.

4/12/2010 3:09:35 PM

The fact that she is holding onto the guns could get her in A LOT of trouble. Unlawful possession of a firearm is a WAY bigger deal than keeping your ex-boyfriend's Wii.

4/12/2010 3:18:24 PM

yeah that's what i thought. he's asking her one more time to let him come get his stuff w/o involving the sheriff or a lawyer. he's waiting on a response.

4/12/2010 3:22:27 PM

He should definitely mention to the sheriff that she is not letting him pick up his guns. All he has to do is report them stolen, then she is in possession of stolen firearms, with a felony count for each one she has.

4/12/2010 3:25:44 PM

^You would never get someone to take a report for that

4/12/2010 3:58:34 PM

Ah, but likely she doesn't know that.

4/12/2010 4:00:57 PM

^ yep, that's my point. just the mere threat of it might change her mind about whatever game she's trying to play.

4/12/2010 4:07:46 PM

What is everyones obsession with lawyers? Just let her know in writing when you will be showing up to pick up your stuff. Before that day, go down to the nearest police station and tell them what is going on. They will send an officer to escort you in reclaiming your stuff. If she refuses and the police are not willing to force the issue (for example, she claims it is all her property, and you cannot convince the police officer otherwise) then go down to small claims and file a lawsuit against her. Although, this is unlikely, as records should exist proving the firearms are yours. That alone should convince the officer that she is lying about the rest. Be sure to also sue for wrongdoing, as her actions are also a crime. Lawyers are not cheap, so unless you know one personally they are not helpful in these circumstances.

[Edited on April 12, 2010 at 4:20 PM. Reason : .,.]

4/12/2010 4:17:23 PM

^ Hell just get the officer to ask her for her firearms registration permits if she says they are hers. Shes arrested on the spot, can rot in jail while your friend pushes small claims court through.

4/12/2010 4:31:10 PM

Quote :

"firearms registration permits"

no such thing in NC, thank god

4/12/2010 4:36:02 PM

^ I was just about to post that.

4/12/2010 4:37:41 PM

^^^Firearms don't have to be registered

[Edited on April 12, 2010 at 4:38 PM. Reason : glad i wasn't the only one to pick up on that]

4/12/2010 4:38:04 PM

Ok my bad. I thought you did have to have paperwork for owning one. The way it was stated above you do. Knowing most other permits, thats a perfectly legal and expected thing do to if you dont have it.

[Edited on April 12, 2010 at 4:40 PM. Reason : !]

4/12/2010 4:39:14 PM

if you're buying a handgun, you have to have a purchasing permit or concealed weapons permit. both of them have CWPs, however a gun cannot be transferred to a new owner w/o exchange of a permit or some type of paperwork iirc. you don't have to have paperwork to own the gun, just to sell/transfer it.

long guns are a free for all

[Edited on April 12, 2010 at 4:54 PM. Reason : ]

4/12/2010 4:51:59 PM

I will check back at the conclusion of this thread...

4/12/2010 6:42:47 PM

^^ this is best probably addressed at a legal expert, but since they are "registered" under CWPs, and shes claiming ownership, knowing those permits you pretty much have to follow very strict rules with, could she be cited for such possessing them and not claiming the CWP status?

Ok and also kinda what I was getting at originally, if shes claiming ownership, and they are handguns, she should have an "ownership" permit in the form when she "purchased" them.

I know Im going a bit wild here but in a situation like this you pull every trick out of the book.

I wish you best of luck for this.

4/12/2010 11:35:36 PM

^no, you don't know what you're talking about. there is no way any permit could be used to prove that those guns do not belong to her.

a CHP is nothing but a piece of paper that says you're allowed to carry a concealed handgun. that's it. it is not tied to any firearm and is not required to own or possess any firearm.

[Edited on April 12, 2010 at 11:45 PM. Reason : df]

[Edited on April 12, 2010 at 11:46 PM. Reason : you're all up in the kool aid and don't even know the flavor]

4/12/2010 11:44:22 PM

I would call her and threaten to report the guns stolen anyway.......make her think its a felony and she or whoever has them is going to be prosecuted. Tell her what time you will be by to get them and do not give her to long to figure out her options.


Oh yeah and question, why the fuck did he not take his good shit when he moved out???? That is the stupidest idea ever.

LET ME SHOW YOU, I AM GONNA MOVE OUT, ESTABLISH RESIDENCE ELSEWHERE, LEAVE ALL MY GOOD SHIT HERE AND GIVE UP MY LEGAL RIGHT TO ENTER THE RESIDENCE, THAT WILL TEACH YOU!

He might have to chalk this up to stupidity......going to court is only gonna hurt her in the form of a civil judgment if it even goes in his favor. The cops are not gonna stand there and arbitrate over who gets what out of the house he has already abandoned.

4/12/2010 11:54:54 PM

yes. he is stupid. very stupid. his "reasoning" for not taking the stuff is that the gun safe is heavy and he needed help moving it. Fumbler and i offered to help early on, but he refused. why he didn't just go remove the guns from the safe and leave the safe there, i have no idea. i don't know why he left the wii and tools. he's stupid and lazy.

Quote :

"could she be cited for such possessing them and not claiming the CWP status?"

like previously stated, they both have CHPs.

Quote :

"Ok and also kinda what I was getting at originally, if shes claiming ownership, and they are handguns, she should have an "ownership" permit in the form when she "purchased" them. "

someone already told you just a few posts up there is no such thing as an ownership permit...then you stated you thought there was and admitted you were wrong. there's still no such thing as an ownership permit.

you really don't know the flavor at all. lol. thx neuseriverrat

this is what my cop friend said:

Quote :

"She can’t hold his personal property. But once two people live together as if married, a lot of the same laws apply. Not knowing the whole situation, but property that is clearly belonging to only one person, for example clothes, tooth brush, work items have to be returned. Now, items that belong to a household in nature (furniture, appliances, TV’s, etc, have to be either divided up by the couple, or settled by a judge. It turns into a civil proceeding, much like a divorce. A Wii and gun safe maybe considered property belonging to a household. And since he has been out 7 weeks, he has abandoned the residence; he can’t just enter to reclaim his property. What we suggest is that if he is going to the house, set up an appointment with her, and then have a deputy meet him there to keep the peace. He may only be able to get some of his stuff back through small claims court."

sucks for him

4/13/2010 8:09:53 AM

pwnt by stupidity/laziness....

4/13/2010 12:48:40 PM

he said he and his mom called the cops and they're going to escort him over there.

he had to get his mommy to call.

jeebus what kind of people am i associating with?

4/13/2010 1:23:21 PM

hahhahahhahhahahhahah

4/13/2010 1:28:17 PM

Ahahahaha

4/13/2010 1:28:36 PM

update!

so he went with his parents and met the cop at her house last night. she pulls up and is livid, cussing, yelling, etc. her dad comes out and asks the cop if he really has the right to get his stuff. cop says yes. girl won't let his parents in her house. while he's inside, his parents and her parents start yelling at each other. he gets his stuff. has the worst night ever.

this says a LOT about these people's character. i really don't understand how grown people can behave this way w/o being the kind of people who end up on COPS. maybe they are... i don't really know her or her family that well.

wow. this is like high school bullshit on steroids.

4/14/2010 8:47:02 AM

lol, imagine how the cop felt.

4/14/2010 10:29:53 AM

They're dicks, but not very smart, I guess. If they really wanted to be dicks, they could have claimed the property was theirs. They stupidly confessed it was not by asking "if HE really has the right to get HIS stuff." The answer to this question will always be yes. The answer to the question "Does he really have the right to take my stuff?" will usually be no. Next time folks, when you really want to be dicks, lie to the police. It is only a crime if you are Martha Stewart.

[Edited on April 14, 2010 at 10:33 AM. Reason : ^]

4/14/2010 10:33:15 AM

Quote :

"w/o being the kind of people who end up on COPS."

It sounds like all is missing here is the TV crew.

4/14/2010 6:53:54 PM

Sadly, I have been through a similar situation

twice

4/14/2010 7:15:13 PM

4/14/2010 8:48:20 PM

ahahahahahhahahahahahahaa

4/14/2010 9:18:05 PM

Why did she feel the need to keep the stuff in the first place, knowing it was his? Makes no sense...

4/14/2010 9:45:14 PM

b/c she's a crazy bitch...?

4/14/2010 9:49:03 PM