lawyer needed

las68 · 04-15-2010, 11:45 AM

I need some legal advice. Anyone know a good attorney that specilizes in cival matters dealing with same sex couples. My ex is still refusing to let me have my things and I want restitution for all of her bills I paid while she wasn't working for 6 months along with emotional distress. Any help is appreciated...

Medusa · 04-15-2010, 11:52 AM

Quote:

Originally Posted by las68

I need some legal advice. Anyone know a good attorney that specilizes in cival matters dealing with same sex couples. My ex is still refusing to let me have my things and I want restitution for all of her bills I paid while she wasn't working for 6 months along with emotional distress. Any help is appreciated...

Hey Las,

You are going to have a hard time in Arkansas with this focusing on the relationship since we aren't recognized by the state as such. You can still file a civil suit (even in small claims court) against her but you will have to prove that there was an agreement between the two of you while she wasnt working that she was going to pay you back, otherwise it is considered a "gift" by the courts.

You DO have legal right to sue for the return or value of your personal belongings. In Arkansas, the legal limit for small claims awards is $5000. If you think your property is valued at less than $5000, I would personally encourage you to go the small claims route because it will be much, MUCH cheaper on you to file this. PLUS, you dont need an attorney to represent you in small claims court.

http://courts.state.ar.us/documents/...laims_info.pdf

You can file all of the paperwork yourself. The cost of filing the small claims complaint which will start the lawsuit process is about $25. You will also have to pay a process server to either hand deliver the suit or for them to mail it certified. This can cost anywhere from $80 - $150.

Hope this helps

las68 · 04-15-2010, 12:00 PM

Thanks. Kind of hard to prove it wasn't a gift cuz it will be my word against hers. I'm just out about $4800. Personal property value is less than $5000 but there are some sentimental things at her place, like my deceased mothers recipe box and other personal stuff. Damn I never thought we would be here...

Ldyluck88 · 04-15-2010, 01:07 PM

Quote:

Originally Posted by las68

Thanks. Kind of hard to prove it wasn't a gift cuz it will be my word against hers. I'm just out about $4800. Personal property value is less than $5000 but there are some sentimental things at her place, like my deceased mothers recipe box and other personal stuff. Damn I never thought we would be here...

Sorry to hear that you have to seek an attorney with your ex! Years ago, my ex and I split and I did get an attorney(he was gay), even tho they did not recognize same sex couples. It never got to court and my ex allowed me 6 hrs to go in the house and get the stuff I needed. It was ugly but I did get the sentimental stuff I wanted.
A break-up is never easy, and hopefully if you do find an attorney, she will come to her senses to let you have your things. I don't know if it will help you, but try and find a gay attorney as they are more empathic of your situation. Again, sorry to here of your troubles. Good luck to you.

apretty · 04-15-2010, 01:54 PM

Quote:

Originally Posted by las68

and I want restitution for all of her bills I paid while she wasn't working for 6 months along with emotional distress.

paying someone's bills is more of a life's lesson (invaluable, btw) than anything you'd be able to financially recover just cuz you guys broke up--unless you two had some kind of agreement about who was going to pay what, but good luck with that.

apretty · 04-15-2010, 01:58 PM

Quote:

Originally Posted by las68

Thanks. Kind of hard to prove it wasn't a gift cuz it will be my word against hers. I'm just out about $4800. Personal property value is less than $5000 but there are some sentimental things at her place, like my deceased mothers recipe box and other personal stuff. Damn I never thought we would be here...

have you asked, specifically for the things that are without question, yours (mother's recipe box)?

unless you were abusive (or lied, cheated, used a lot of meth) most people don't want your stuff.

always2late · 04-15-2010, 02:09 PM

Quote:

Originally Posted by las68

Thanks. Kind of hard to prove it wasn't a gift cuz it will be my word against hers. I'm just out about $4800. Personal property value is less than $5000 but there are some sentimental things at her place, like my deceased mothers recipe box and other personal stuff. Damn I never thought we would be here...

May I make a suggestion? Call her...do not get angry, do not bring up money...just tell her that you want your personal stuff, especially the things that have sentimental value to you that once belonged to your mother. Ask her when it would be convenient for you to come and get them. That is all. Do not go into anything else. Do not argue. Just make your statement and ask her for a time.

Delish · 04-15-2010, 02:16 PM

Also do yall have a mutual friend that can mediate and be there for the both of u if she allowed u to come get your stuff? I hate you are going through this.

socialjustice_fsu · 04-15-2010, 03:45 PM

None of us ever think we will have to face things such as this. I spent an enormous amount of time (think $$$) today with an attorney I am going to have to retain to help me with a real estate transaction that incurred while I was in my 9 year relationship. Based on what I am hearing from you my only advice (coming directly from my attorney) is make sure you document everything you do in reference to any contact with her. Document phone calls, texts, interactions. The primary reason for this task is IF you have to pursue any type of legal action you will appear prepared and that, my friend, is a big part of the battle. I am having to spend everything I had ever saved plus some to simply retain someone I feel will look out for my interests. Never could you have convinced me I would be facing this kind of evil at this point in my life. Life goes on, though. And life is a process that we never, ever stop learning. My best to you for a simple solution to resolve your heartache.

04-15-2010, 11:45 AM	#1
las68 Junior Member How Do You Identify?: soft butch tomboy Preferred Pronoun?: hey you! Relationship Status: single Join Date: Mar 2010 Location: conway arkansas Posts: 47 My Photo Gallery Thanks: 22 Thanked 29 Times in 12 Posts Rep Power: 644	lawyer needed I need some legal advice. Anyone know a good attorney that specilizes in cival matters dealing with same sex couples. My ex is still refusing to let me have my things and I want restitution for all of her bills I paid while she wasn't working for 6 months along with emotional distress. Any help is appreciated...

04-15-2010, 03:45 PM	#9
socialjustice_fsu Member How Do You Identify?: Feminine Preferred Pronoun?: She, her Relationship Status: It’s all good. Join Date: Dec 2009 Location: The gulf waters are sapphire blue and the beach sand is white as snow. Posts: 607 My Photo Gallery Thanks: 6,866 Thanked 2,158 Times in 439 Posts Rep Power: 21474851	Las68 None of us ever think we will have to face things such as this. I spent an enormous amount of time (think $$$) today with an attorney I am going to have to retain to help me with a real estate transaction that incurred while I was in my 9 year relationship. Based on what I am hearing from you my only advice (coming directly from my attorney) is make sure you document everything you do in reference to any contact with her. Document phone calls, texts, interactions. The primary reason for this task is IF you have to pursue any type of legal action you will appear prepared and that, my friend, is a big part of the battle. I am having to spend everything I had ever saved plus some to simply retain someone I feel will look out for my interests. Never could you have convinced me I would be facing this kind of evil at this point in my life. Life goes on, though. And life is a process that we never, ever stop learning. My best to you for a simple solution to resolve your heartache.

04-15-2010, 12:00 PM	#3
las68 Junior Member How Do You Identify?: soft butch tomboy Preferred Pronoun?: hey you! Relationship Status: single Join Date: Mar 2010 Location: conway arkansas Posts: 47 My Photo Gallery Thanks: 22 Thanked 29 Times in 12 Posts Rep Power: 644	Thanks. Kind of hard to prove it wasn't a gift cuz it will be my word against hers. I'm just out about $4800. Personal property value is less than $5000 but there are some sentimental things at her place, like my deceased mothers recipe box and other personal stuff. Damn I never thought we would be here...

04-15-2010, 02:16 PM	#8
Delish Member How Do You Identify?: Queen of our castle Preferred Pronoun?: she Relationship Status: She put a ring on it and the date is set :) Join Date: Apr 2010 Location: Missouri...in her arms :) Posts: 1,089 My Photo Gallery Thanks: 1,279 Thanked 835 Times in 428 Posts Rep Power: 3888560	Also do yall have a mutual friend that can mediate and be there for the both of u if she allowed u to come get your stuff? I hate you are going through this.