Want to move personal property from house


#1

A civil summons is an document that accompanies a complaint. In this case you would file a complaint for breach of contract because he is denying you the ability to get your things. If the two of you had attorneys I would advise you to try calling your attorney first.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
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Charlotte, NC 28262
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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

I have a signed separation agreement that has an exhibit of my moving list. The SA does not go into any detail of how and when I am suppose to get my things out. My name is off the deed now and my Husband said that I can keep my stuff there until I found a permanent place to live (staying with friends now). He has become very bitter lately and taking his anger and misery out on me by denying any of my friends to come help me move out. He has even said “no” to professional movers in his house. He is only offering that I come alone and just the two of us will move all my stuff to the garage. This is unrealistic and unacceptable to me as I no longer feel safe around him and it’s impossible for me to move all that heavy furniture and washer and dryer. I’ve already spoken with the Sheriff’s department and they can only escort me to the property if I was picking up just a few things. They can’t stay all day while I’m moving out, nor can they tell my husband to give me back my personal property if he doesn’t allow me to take it. I’ll be closing on a house in two weeks, and I’d really like to get a group to help me move out on April 5th, but he is denying anyone to step foot in his house. I was told that I can file a civil summons to take him to court and the judge can decide how this is to be handled. How much will that cost me? How long will it take to go through the process? Will it cost my husband anything? What is my first step in starting a civil summons?
Thank you,
K