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Jessica
Consultant
Sean K, Expert
Thank you so much for using JustAnswer. I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It’s my goal to provide a solid overview of your situation. If I am able, I will also provide you with some resources. Do note that I may have some initial questions to help me better understand your situation. As well, I want to make sure that your questions are all fully and completely answered, so if you have other questions that come up while we are talking, please let me know so I can address those as well.
I am sorry to hear that this is occurring.
How can I assist?
Sean K, Expert
Have you made a written demand of him in writing for the return of the property? Not required, but wanted to confirm if that had or had not been done.
Sean K, Expert
I am a little bit surprised that the police did not attempt to resolve the situation - however they are not required to do so. In other words, if they were to recommend a civil lawsuit, that would be proper as to their handling of it.
The reason I mention the demand letter is to strengthen your case - not that it is weak - but by doing a demand letter and giving him an opportunity to resolve it outside of court shows your reasonableness in the situation and often this will not sit well with the court; however, it is not required.
You are absolutely able to immediately file a lawsuit against him for the return of your property.
Sean K, Expert
Then you likely should either write a demand letter and call for the immediate return of your property or simply file a lawsuit.
Sean K, Expert
You would simply mail it.
Sean K, Expert
I generally say to briefly identify the property, assert that it is claimed as your property and that they have say, 72 hours to allow you to retrieve it or you reserve all rights, including and up to litigation to recover it.
Sean K, Expert
I would suggest doing the notice and then quickly filing suit if they don't turn it over.
Sean K, Expert
Send it priority mail. That will get it there in 3-4 days - track the mailing and then set out they have 72 hours upon receipt to turn it over. You address it to the client and if a suit is necessary, you sue the former client and the apartment management.
Sean K, Expert
Of course. Anytime there are multiple players in a situation, there is a theory called "necessary parties." For instance, if you sued the client and only the client, the client could assert the defense of not having the property and the case against them may be dismissed.
By suing, in one case, (cases are often filed with many many defendants), your claims can go forward against all defendants in one matter.
Sean K, Expert
Can you tell me how much you think the property is worth and the state in which the property is being held?
Sean K, Expert
And the state?
Sean K, Expert
So that is likely the cost to file a lawsuit. The reason i was asking as to the court is whether it would be small claims or not and at $12000 it would be out of the small claims court.
Sean K, Expert
You are correct. In PA, the time limit for the suit will be 2 years from when you were denied the property.