What recourse do I have if I need to get some of my things back from my ex but she hasn’t responded to my requests?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What recourse do I have if I need to get some of my things back from my ex but she hasn’t responded to my requests?
My wife and I were divorced at the end of last year. I have some files there that I have asked to get with no response from her.
Asked on July 1, 2011 under Family Law, North Carolina
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have included a provision within your divorce decree to obtain those files and she has not complied, she is technically in contempt of the divorce decree and you can take her to court to force her to turn them over. Likewise, if this is not a provision in your divorce decree, you can take her to court to require her (called specific performance) to turn them over or face fines, especially if these files are not replaceable. Third, you can contact the police in your state and see if you can get a civil police escort to show up and help you remove those items. Start talking and emailing her again and jotting everything in writing so that if it requires court intervention, you have documentation backing up your attempts at collection.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.