Suing a Former Roommate Who Threw Out Your Belongings

Attorney Answer

You likely have a conversion claim, and you have two years from when your belongings were thrown out to bring it.

W. Va. Code § 55-2-12(a) requires an action for damage to property to be brought within two years after the right to bring it accrued. Conversion — someone exercising control over your property in a way that denies your rights in it — is a West Virginia common-law claim; its elements come from case law rather than from a statute. Do not confuse the two-year period in subsection (a) with the one-year period that applies to a different category of claims under this section; a claim mis-sorted looks time-barred a year early.

One hard thing to say plainly. Courts measure property damages in dollars, and a court awards what the items were worth. Cremated remains, photographs, and letters are usually the most devastating part of a loss like this and the part the law compensates worst, because they have almost no market value. Knowing that in advance lets you focus your effort where it can still change the outcome: recovering the items rather than being paid for them.

Speed matters more than paperwork right now. If the things were put in a dumpster, a storage unit, or a donation bin, that trail goes cold in days.

What you can do

1. Today, ask the roommate in writing exactly what was thrown out, when, and where it went — dumpster, curb, storage, or donated. Save the reply, whatever it says. 2. If anything was donated or stored, call that place immediately and ask them to hold. If it went to a dumpster, call the property manager and the waste hauler and ask about pickup schedules. 3. Call the funeral home or crematory that handled the remains. They keep records, and they can tell you what is and is not recoverable. 4. Write a complete inventory now — every item, what it was, roughly what it cost, and when you got it. Memory fades and a list made this week is far better evidence than one made next year. 5. Gather proof of ownership: photos of your room, receipts, delivery emails, insurance riders, social media pictures showing the items. 6. Preserve every message showing you were told to leave and were not given a chance to remove your things. 7. File in magistrate court for conversion if the value is modest; talk to a lawyer if the loss is larger or if a landlord and a lease were involved.

⏱ Time limits apply. W. Va. Code § 55-2-12(a) gives two years from when the right to bring the claim accrued. When that clock started depends on your facts — most importantly the date the property was actually disposed of, which is one reason to pin that date down in writing now.