what are my rights?

aimzes · 16-12-2005, 04:27 PM

ok heres the story.

a family member had a big property with two run down sheds. i did a deal with them (its not in writing) basically if i rebuilt the sheds i could store my stuff in them. there are reciepts proving i did the work (somewhere lol)

now, shes gone nuts, real nuts, stupid old f**k, and is saying that i cant come onto her property to remove my stuff. also she is claiming that its now her stuff.

she is determind to get some court order saying that i cannot come on to her land to retreive what is rightfully mine. i cant produce many reciepts because its all old collectable junk bought at swap meets over the last 20 years, i have a few family members and a few friends who know its mine, they know i paid for it.

so what can i do? i want to sell it all to a mate and cut off any ties to this family member.

should i go speak to the local cops or go talk to a lawyer, i know for sure that this person hasnt the money to fight it in court, well neither do i but we are talking about $50k worth of collectables plus my straight as XD and old V8 speedboat. plus a lot of other crap im not willing to part with.

as soon as this is all sorted im going to have her dragged away screaming to mental home. stupid old s**t of a thing she is.

FordFan86 · 16-12-2005, 04:32 PM

Wait till she's out and go take your stuff.
Wait till she's asleep and take your stuff.
Geez how old are you? and how old is she. No old lady would stand in my way if she was refusing to let me take my stuff, just go right past her.

aimzes · 16-12-2005, 04:41 PM

ofcorse i could do all that, but id like to do it as legally as possible. future employment may be jeapodised if i get done for trespassing. plus i want to get rid of this stuff over the next week or two.

if i go onto this property she will call the cops. ill be in the wrong and it will go to court im sure she would go that far, which will cost time and money. im in sydney, its about 700ks away, i dont have the time to travel back an forth.

XLS99 Ute man · 16-12-2005, 04:39 PM

Yep i agree with forfan
she cant stay there 24/7

gozza · 16-12-2005, 04:42 PM

sorta reminds me of an expereince the other day
went to check on my gran and she was not moving in her armchair
i couldn't tell if she was dead or sleeping so i buried her just incase

SB076 · 16-12-2005, 04:43 PM

I would be careful as there could be complications for just taking your stuff, think there is a thread somewhere on a very similiar situation. I would suggest you at least notify the police and make sure you are not going to get in trouble, and if not just take it all back. But first try and find the thread as there may be some advice there and someone may already be a few steps in front and have some great advice.

Keepleft · 17-12-2005, 10:09 AM

Yes, first up speak to a senior officer at your local station, fully explain everything and take it from there.

HOON69 · 17-12-2005, 10:40 AM

yep def tell the cops but im def sure they'll say its a matter for the courts
unless you can have proof its entirely all yours and then she can claim you gave it to her or was money owed then its back to the court qoute from mr policemen

honestly just wait till she goes out get it and leave
like she's ever gunna go looking in there anyways
but if its locked you cannot touch it cause if you break it then its B,n,E

good luck

EBII Fairmont · 17-12-2005, 11:26 AM

If the xd and boat are registered in your name, there is some proof that the car and boat are yours, which she has to give you. Go talk to a lawyer and you will find out exactly what your rights are and what you can do. I did it regarding my car being hit, and I learnt quit a few things which have come in handy. Also talk to the cops and get their perspective. Wont hurt.

aimzes · 17-12-2005, 01:07 PM

thanks fellas, yeah the boat and car are registered in my name. get this the dumb f**k rings up inviting my family to christmas lunch then an hour later leaves a message saying if put one foot on her property she will call the cops.

deesun · 17-12-2005, 02:43 PM

Quote:

Originally Posted by aimzes

thanks fellas, yeah the boat and car are registered in my name. get this the dumb f**k rings up inviting my family to christmas lunch then an hour later leaves a message saying if put one foot on her property she will call the cops.

I know you are probably a bit frustrated but calling a frail senile old lady names like that won't help. How about you get the family to invite her over for lunch one day and that way you know shes out of the way for some time so you can get some mates together and get your stuff back.

Casper · 17-12-2005, 01:11 PM

go to the police, they will sort it out or tell you what steps you need to take.

Oh, and after you remove your stuff dont forget to take the bolts you have paid for and reciepts for with you (you know, the bolts holding up the sheds).

pauljh74 · 17-12-2005, 02:50 PM

Quote:

Originally Posted by aimzes

she is determined to get some court order saying that i cannot come on to her land to retreive what is rightfully mine. i cant produce many reciepts because its all old collectable junk bought at swap meets over the last 20 years, i have a few family members and a few friends who know its mine, they know i paid for it.

Take her to court if need be and use your family members to testify that the stuff is yours. That should solve the proff of ownership of that stuff. The car and trailer will be easy to prove because they are in your name. While you are at it, slug her for the work on the sheds if she won't co-operate

phoon · 17-12-2005, 03:39 PM

Best place to fight for your rights without big costs, is small claims court. But make sure you have receipts for everything and signed affidavits from friends and family members who are willing to state what belongs to you.

EBII Fairmont · 17-12-2005, 03:50 PM

Go to an administration tribunal. I'va studied a fair bit on this kind of stuff. They are really cheap, and the verdict is decided by a third party who does not now either party. I'll find out some details for yah. They are lieing around somewhere.

EBII Fairmont · 17-12-2005, 03:59 PM

http://www.ags.gov.au/whotocontact/l...rvices/adr.htm

Go to this site and you can find out more information. Edward Goddard is for Sydney, so give him an email and get his perspective on things, WITHOUT THE NAME CALLING, or else they tell you where to go.

http://www.liv.asn.au/public/legalinfo/adr/

This site shows the different methods of alternative dispute resolution. I'm pretty sure that arbitration is the one which gives a binding outcome. If you don't like the result, you can take her to court and appealt the previous decision.

Bill

b0son · 17-12-2005, 05:37 PM

Quote:

Originally Posted by pauljh74

Take her to court if need be and use your family members to testify that the stuff is yours.

May not be sufficient - the court may not consider family to be independent witnesses.

Quote:

While you are at it, slug her for the work on the sheds if she won't co-operate

If no contract of sale was entered into, then you can't simply choose to charge someone for a service afterwards. There has to be an acceptance of the sale contract by the receiving party before you can command payment.

AC · 17-12-2005, 04:02 PM

I say...

Get a bottle of Chloroform and a straight jacket.
Then get a friendly family member to sneek you onsite...

And do your stuff

GlennBA · 17-12-2005, 04:39 PM

have her comitted to a phsychiatric ward by the sounds of it..

max^power · 17-12-2005, 04:57 PM

Just go in there and take your stuff, hurt yourself of the way out, and then sue her for getting injured. If you goto jail, write a book about your life and make millions. you wont need to work again.

You can't do anything if a stranger comes into your home and takes what he wants, why should family be any different?

AC · 17-12-2005, 05:20 PM

Quote:

Originally Posted by au^ute

You can't do anything if a stranger comes into your home and takes what he wants, why should family be any different?

F**ken Aye!!! :Up_to_som

JADED6 · 19-12-2005, 02:14 AM

Quote:

Originally Posted by au^ute

Just go in there and take your stuff, hurt yourself of the way out, and then sue her for getting injured. If you goto jail, write a book about your life and make millions. you wont need to work again.

You can't do anything if a stranger comes into your home and takes what he wants, why should family be any different?

Best laugh I've had all day. Thanks.

MO · 18-12-2005, 01:04 PM

See a lawyer...first step could be a letter of demand to get your gear back..worked for me when I lent money to a now ex friend who did'nt want to pay it back.

Had it back inside a week. Cost me about fifty for the lawyer to write letter and got my $1500.00 back.

Scares the crap out of them....

GT-E · 18-12-2005, 01:49 PM

If she is as nuts as you say, I would get DOCS involved as she may not be competent to look after herself. If they come and say she is nuts, then you could get power of atterny over her and have the whole place.
I would also try to get someone in your family involved in dealing with her first as you may find she really needs help.

MO · 18-12-2005, 10:21 PM

Quote:

Originally Posted by ZapXR6T

If she is as nuts as you say, I would get DOCS involved as she may not be competent to look after herself. If they come and say she is nuts, then you could get power of atterny over her and have the whole place.
I would also try to get someone in your family involved in dealing with her first as you may find she really needs help.

Firstly power of attorney is only given to someone else ..with the express consent of the person involved...if you get DOCS involved it then becomes a very long and drawn out process which can involve the public trustee...who could end up being the power of attorney.

See a lawyer...letter of demand and go from there!!!

FordFan86 · 19-12-2005, 09:52 AM

Actually, you do have rights.
You have the right to remain silent. You havee the right to an attorney.
ANything you say or do can and will be used against you in a court of law.

red_hotxr6 · 19-12-2005, 10:04 AM

I would try finding as many receipts as you possibly can, and then get as many testimonials from everyone involved and have it witnessed then head off to your local police station and tell them your story and show them what you have. You may find that you will have to see a lawyer, because you can not trespass on her property, whether you are right or wrong. Hey the lawyer may just have to send her a letter telling her you are to take it to court and she may come around.lol

:

347Stroker · 19-12-2005, 07:04 PM

Mate, what will be the easiest way to get it back is to call into your local Police Station, and ask for the Snr Seargeant. Tell him the situation and ask for a "police assistance retrieval"
What this means is that they will come with you to the property and just keep the peace, as well as have the look to the person you are going to to make them think the police are on your side, and generally all will work in your favour....

aimzes · 19-12-2005, 07:27 PM

sweet. thanks.

JAJH · 19-12-2005, 07:53 PM

And there is no trespass either...trespass is determined legallly is you refuse to vacate a property only when asked by POLICE. So when you see signs, "Trespassers will be prosecuted", they mean nothing.