I'll start by saying I'm really angry at the woman who owns the posessions I'm writing about. She told my uncle 2 years ago that she needed to do laundry and would be back, but instead never returned, having left to move in with some guy she had just met. She had lived with my uncle for 10 years. Well, my uncle just died 2 weeks ago, at 55 years of age. His doctor informed us that this "lady" was soemwhat responsible for reasons that are far too numerous to get into. Anyway, as soon as he died, we called her to let her know she must remove her property, as she was asked for the last 2 years to do. How long do we have to give her until we can finally eradicate her from our lives? She's removed most of the stuff but is still upset about certain items that no one can find! She won't leave us alone, and now that my uncle is dead, I feel she should just do what she did 2 years ago - disappear for good, this time.
Posts: 23 | Location: Phila., PA USA | Registered: 11-17-02
The easiest way to protect yourself, legally, is to send a certified letter, return receipt requested (current cost is $4.42) stating that she must remove ALL her possessions by a certain date (2 weeks is more than sufficient) or they will be disposed of. I'd make sure to state, in the letter, that she's had 2 years to accomplish this (you can also mention that she's been asked on a number of occasions) and you will not wait any longer. Make it as unemotional and as professional as you can - no name calling, finger pointing, etc. - simply state your request.
I mail these sorts of letters on a regular basis and ALWAYS send a copy of the letter via regular mail. This way there is little possibility of her saying she didn't receive it. If she refuses to pick up the certified letter from the post office, you'll receive the green return receipt, and the original letter, both marked as unclaimed. The envelope will show how many attempts the Postal Service has made to notify her.
Wait until you receive either the return receipt showing the letter was picked up, or the actual unclaimed letter is returned to you.
This may take a little bit longer than 2 weeks, but you've waited this long, wait a few more days. After this, you can dispose of the remainder of her possessions (I'd donate anything usable to Goodwill or something similar) as you see fit. Anything of a completely personal nature could be mailed back to her, but isn't necessary.
Depending on how severe her harassment is, you could obtain a "Cease and Desist" order from your local court. Not sure how much this might cost; maybe $25 +/-. If she continues to harass you/your family, you can contact the court, or local authorities.
If you'd like some help composing a letter, you can look at my profile and email me. Be sure to put AnswerPool in the subject line so I don't delete it as spam.
Hope this helps
Posts: 2219 | Location: denver, co, usa | Registered: 07-22-02
I disagree. I think an attorney is a little drastic and the expense may be cost prohibitive (the construction attorneys I use at work charge $250.00 an hour...their lowest paid para-legal is $75.00 an hour). If abcdefg takes the certified letter route, and disposes of the property after sufficient notice, the woman won't have any recourse but to hire an attorney herself, or take it to small claims court. A judge is most likely going to rule in abcdefg's favor as long as the proof (letter, etc...wouldn't hurt to document other things like telephone calls, how long this has been going on) is presented.
Once the property is disposed of, she will probably cease the phone calls since there will be nothing for her to collect. A simple: "take me/us to small claims if you wish to pursue this" should be sufficient to stop it. I think the less money thrown at this, the better. I would be extremely reluctant to waste money on an attorney for something this simple. An attorney can't stop the harrassment; that's a matter for the court and/or police and a "Cease and Desist" order is relatively inexpensive to handle yourself. A call to the courthouse will provide abcdefg with the information she needs to proceed.
Posts: 2219 | Location: denver, co, usa | Registered: 07-22-02
I think that I have had a little more practice at dealing with these scum bags than I ever dreamed! I thought that if you just lived a decent life, the only reason you would need a lawyer was for your will. Well, I was wrong.
Anyone who believes that must have their head completely up their kilt. I have had a lot of experience in dealing with lawyers, having worked for them for 40 years as secretary, paralegal and investigator. I have run into a few who would negotiate but that was then and this is now. They will sometimes do pro bono work, either advertantly or inadevertently, especially if it has any publicity value.
Lawyers spend many years in school, just like your dentist, and are entitled to be paid for their work. It is an adversarial business, and for every case there is a winner and a loser. Naturally, the loser will blame the lawyer.
Catty
Posts: 3826 | Location: Olympia, WA, USA | Registered: 06-04-02
There are quite a few law schools around this area. That means there are a lot of lawyers. They are forced to compete with price. Of course, they can't let you rob them. I'm not letting them rob me eiter. We just hit on a fair price so everyone is reasonably happy. If I were thrilled, I wouldn't be seeing a lawyer in the first place. I shop around. Everything is negotiable!
The negotiating rule may not apply where you live, but it sure does here. First, they give you top price and see if you will pay it. I have bargained down lawyers every time.
I really don't think this woman has a leg to stand on, but we all know that you can sue the estate for anything. I was sued over an afgan claiming a $200 cost. It actually costed $35. I wouldn't want myself wrapped up in legal expenses by writing a letter before being absolutely certain I was within the law and could not be sued. Just my opinion!
