QUESTION

I'm suing my Ex-roommate, but don't have receipts

Asked on Jun 20th, 2013 on Civil Litigation - Colorado
More details to this question:
We signed an early cancellation for a lease my ex-roommate and I were on together, the document stated we we're to be out by May 23rd 2013. To my understanding this gave us until Midnight of the 23rd to remove our property. When I returned to the premesis on May 23rd at 11AM I found a pile of my clothing at the curb and all the locks changed. When I asked her she told me she'd thrown all my things out onto the lawn. Now I have about 3000 worth of clothing and furniture stolen. Since most of it was clothing I don't have receipts, I had an officer come to the house to verify that we we're locked out, but I lost all of my paperwork detailing the contract as it was still in the house when she removed my property. How do I go about winning this case, how do I prove what was stolen?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
This case seems like it will basically come down to your word versus your ex-roommate's word.  You must testify to what you wrote in your email, bolster it with whatever other evidence you can, and hope that the Court believes you.  You call your ex-roommate to testify about your agreement, and hope he/she doesn't lie, or if he/she does, that the Court does not believe him/her.  You call any other witness to either the agreement or the theft, e.g. a neighbor who saw the clothes thrown on the lawn, a friend who was there when you reached the agreement, etc. (it may be difficult to get them to show up to Court, even with a subpoena, but do what you can.)  If you paid by check or credit card, maybe you can introduce statements to show your expenditures and tie them in to particular clothing or other stolen property.  Maybe you have some photographs which show the stuff thrown on the law, or the contents of your closet, or show you wearing some particularly expensive stuff which was stolen (a diamond necklace or a fur coat, for example., or maybe there are people who say you wearing the diamond necklace shortly before the theft who can testify that you owned it.  In short, any proof that backs up your story will be helpful.
Answered on Jun 20th, 2013 at 4:12 PM

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