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?

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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 10 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.


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