# Divorce Issue on some Camera equipment.



## CAP (Jun 20, 2014)

Hi everyone.


Ok well i was in court today with my ex wife and we both live in separate homes but my old home where my wife is currently living is owned by the both of us the court granted her custody of the home which i was fighting against. 

Ok here's the problem.

I just borrowed a 200-400mm canon lens on cps eval and they delivered it to her house because that where the equipment insurance policy address is and where my canon ships too.  Normally my ex all was gives me things that ship there but since she won the house she wont now. 

Now because she has the home, She wont grant me access to my lens that was sent there or my other things that where still there.  She cant do any thing with my stuff because she is ordered not to touch or sell it. 

We have a court date to split our assets 2 months from now and we cant get a sooner date. 

So my question is this?

Is canon cps going to flip out because i cant send them there lens back nor can my wife send it back because we are ordered not to sell any thing and she thinks i am going to sell it. plus she knows what its worth.  She says its staying in the box till me go to court to sort it out.

I have no problem paying for the lens but if go spending 13,000.00 from my account the judge will not be happy because my ex will say i am trying spend all of our money witch its my money so she wont have any thing so go after.

I am going to call canon today and see what they say.


Has any one ever dealt with canon cps and not been able to return cps evaluation item?  if so what do they do?>


Ooo this makes me so mad.

Ok thanks


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## Designer (Jun 20, 2014)

What does your lawyer say?


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## astroNikon (Jun 20, 2014)

Contact your lawyer
have him contact her lawyer
tell them it's rented and has to go back and you need to gain access to it otherwise you lose $13k .. I'm sure all the lawyers won't like that.


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## keyseddie (Jun 20, 2014)

Wow CAP, you really must have pissed her off. All I can offer is to buy a nice Italian Brunello and help you drown your sorrows when I get back to the Keys.


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## tirediron (Jun 20, 2014)

I doubt they'll 'flip out', but they are going to charge your for every day you are responsible for the lens.  Just ask her to leave it outside the front door and you can pick it up from there.


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## robbins.photo (Jun 20, 2014)

CAP said:


> Hi everyone.
> 
> 
> Ok well i was in court today with my ex wife and we both live in separate homes but my old home where my wife is currently living is owned by the both of us the court granted her custody of the home which i was fighting against.
> ...



Ok, divorce sucks.  My suggestion, contact your soon to be ex.  Explain to her that if you can't return the lens that you will end up having to purchase it, and that in a property settlement their won't be any way to "split" the lens.  So tell her that you think the best solution would be to return the lens.  Since there is obviously a bit of a trust issue here and you don't want her violating any kind of court order by having her return the lens, tell her that you would like to arrange a time when you can get together with her, box the lens up for reshipment and drop it off at the Post office/UPS/Fed ex together, that way she knows and can verify that you returned the lens.

Explain to her that the only alternative is that you wind up being charged for the lens because your not able to return it.  I know it might be difficult but try not to open any other arguments or head off on any tangents, just try to stay on topic about the lens and deal with just that one issue.

I'll keep my fingers crossed.


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## lambertpix (Jun 20, 2014)

Holy cow... I can't imagine how anyone could bear to part with that princess.

Anyway, yeah, if you can get a little help from a lawyer, that would probably help.  A letter from your lawyer telling her lawyer to advise his client to stop being such a b*tch is probably going to work better than you telling her that yourself.


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## sm4him (Jun 20, 2014)

robbins.photo said:


> CAP said:
> 
> 
> > Hi everyone.
> ...



Nooooooooo&#8230;do NOT contact the Ex! I had one of THOSE Exes&#8230;if they are being that hostile, there is absolutely NOTHING you can do or say that isn't going to make this worse.

I agree with Designer and Astro; contact your lawyer and do ONLY what HE/SHE says to do about it.


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## astroNikon (Jun 20, 2014)

and change your equipment insurance policy address ASAP.
mention this to the lawyers as you will have to move the equipment per the insurance.  As long as it's inventoried you shouldn't have too much of an issue getting it out of the house (hopefully).

Also, get a PO BOX as a more fixed address if you think you are going to be moving here and there until settled.  just for an easy mailing address for everything versus having to change everything every so often.

just a few tips ....


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## Light Guru (Jun 20, 2014)

CAP said:


> I just borrowed a 200-400mm canon lens on cps eval



So the lens is NOT yours



CAP said:


> She cant do any thing with my stuff because she is ordered not to touch or sell it.



Is she just ordered to not touch or sell YOUR stuff?  Remember the lens is NOT yours. 



CAP said:


> i cant send them there lens back nor can my wife send it back because we are ordered not to sell any thing and she thinks i am going to sell it.



Again its NOT your lens and its NOT her lens.  So what is wrong with sending the lens back to the people who actually do own it?


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## CAP (Jun 20, 2014)

Ok i am not to contact her. nor to i want to. 

I have no problem paying for the item i have money in the bank that i can still access.

I just dont want canon calling the po po saying i wont return there lens.  but i dont think they can do that.

Its only a civil issue.

Plus my insurance covers loss of equipment from things like this all ready called my agent and if i file a clam it would be covered witch is good as i could get my money back on the lens.


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## CAP (Jun 20, 2014)

Will spoke with canon they don't not handle cps over the phone and you are not allowed to call them.  Correspondence is all via email wow. 

i emailed the cps people so i post what they say.


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## robbins.photo (Jun 20, 2014)

CAP said:


> Ok i am not to contact her. nor to i want to.
> 
> I have no problem paying for the item i have money in the bank that i can still access.
> 
> ...



Ok, well my divorce wasn't fun but it wasn't anywhere near that contentious.  In fact I'm still in regular contact with my ex, but that's a necessirty at least until the youngest turns 18 and is out of the house.  Well in this case I'd probably run it by your lawyer then and see what he/she thinks the best course of action will be - sounds like it's not going to e a financial loss for you either way so that's a plus.


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## kathyt (Jun 20, 2014)

I would have a police escort you over there to get it. You are under a contract with Canon to send it back by XYZ date, so she needs to fork it over. The contract does not exist with her, nor do you own the lens. I get lenses from CPS all the time, so make sure you print out that contract and take it with you.


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## CAP (Jun 20, 2014)

Lucky she did not get my 600mm or my 800mm lens she does have my 400mm f/2.8 though ):

I have all most all of my equipment at my office so its safe.

:madmad::madmad::madmad::madmad::madmad::madmad::madmad::angry1::angry1::angry1::angry1:


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## astroNikon (Jun 20, 2014)

since you have a photography business, you can make a gripe to your lawyer that without all of your equipment, your business is being affected, thus your income.
There's nothing more needed to get the other's lawyer and judge on edge as one's income being affected due to another's actions  ...

the reason to use your lawyer ... then it is all documented.


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## TheNevadanStig (Jun 20, 2014)

I had to go through something like this many years ago. First make a list of everything that is still yours. Contact her with the list and inform her that if she does not let you retrieve your belongings in 48 hours you will contact the police and report them stolen. If she still does not let you in to get the stuff, call the police. They will come and perform a civil (forgot exactly what it is called) something or other and escort/observe while you retrieve your stuff, in which she may even be arrested/charged. Normally the official threat of that in the first place works.


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## SnappingShark (Jun 20, 2014)

EVERYTHING through a lawyer. EVERYTHING.

yeah it'll cost you more, but it'll cost you even MORE if you don't.


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## JacaRanda (Jun 20, 2014)

sm4him said:


> robbins.photo said:
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> > CAP said:
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My thoughts exactly (still have not read the rest of your post).  

Do not contact her directly for anything until you can get into court.  Do it all through your lawyer if you have one.


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## sm4him (Jun 20, 2014)

BrightByNature said:


> EVERYTHING through a lawyer. EVERYTHING.
> 
> yeah it'll cost you more, but it'll cost you even MORE if you don't.



^THAT. So very, very much, THAT.

Seriously, you don't have kids with her do you? That would change things, but if there are no kids involved&#8230;Do. NOT. Speak. To. Her. 
Do. NOT. Write. To. Her.  By all that is good and kind in this WORLD, do not WRITE to her&#8230;not so much as a post-it note.  
Do not say or do anything in respect to her unless you have run it past your lawyer.  Because otherwise, seriously, someone who is clearly making it their choice to be this hostile, they WILL twist it, turn it and do everything possible to use it against you.

Just stay completely away from her, unless advised to contact her by your lawyer, until after this is legally resolved.  Do EVERYTHING through legal channels.


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## JacaRanda (Jun 20, 2014)

sm4him said:


> BrightByNature said:
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> > EVERYTHING through a lawyer. EVERYTHING.
> ...




This should be a TPF Sticky!!!!!!!!!


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## tirediron (Jun 20, 2014)

sm4him said:


> BrightByNature said:
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> > EVERYTHING through a lawyer. EVERYTHING.
> ...


Ummm... are we talking about two adults or a kindergarten class?  WHY would you pay a lawyer's exorbitant fees for something that requires nothing more than a simple telephone call/knock on the door???????


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## kathyt (Jun 20, 2014)

I just went through a divorce and I got all of my photog stuff. Wasn't even the slightest issue since it was my business.


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## JacaRanda (Jun 20, 2014)

tirediron said:


> sm4him said:
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> > BrightByNature said:
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No way, it's not that simple at all. Too often people do not act anything like adults when going through a divorce. 

Sharon's advice is right on point with almost every divorce I can think of. This thread damn near gives me flashbacks .....glad I can almost laugh now 

Haaaa, not counting Kathy's of course


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## shefjr (Jun 20, 2014)

As an aside, I'm sorry to hear you are getting a divorce and things have gone so venomous. It always makes me feel bad when I hear people are splitting. :/ I hope when the dust settles that you are both at least happier.


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## JacaRanda (Jun 20, 2014)

tirediron said:


> sm4him said:
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> > BrightByNature said:
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It would be nice if two adults did not need lawyers to get a divorce from the get go.


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## tirediron (Jun 20, 2014)

JacaRanda said:


> tirediron said:
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> > sm4him said:
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Why would you? The law's not a secret. Everything one needs to know is plainly and freely available from a multitude of sources. Acting like spoiled children who need their mommy to referee doesn't make anything better.


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## JacaRanda (Jun 20, 2014)

tirediron said:


> JacaRanda said:
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> > tirediron said:
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I'm with you.  No need whatsoever.  I ended up just as angry with my lawyer as I was with the ex before we even got to court.  

But real world things come into play.  Children, assets etc.  It sure would be nice to put a bunch of divorce lawyers out of business.  Just not that easy to get adults to act like adults when one decides they don't want the other anymore.


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## pgriz (Jun 20, 2014)

tirediron said:


> JacaRanda said:
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> > tirediron said:
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John, when splits are involved, rationality goes out the window and into an orbit somewhere outside of Pluto.  One of my brother-in-laws is a managing partner is a very large Toronto law firm, and he told me that a few years ago, almost 50% of his billing was mediating between two billionaire brothers who jointly inherited their father's empire.  I was a jury member in a trial where one of the partners burnt down the house to be sure that the spouse wouldn't get it (as per court order).  I know of a business associate who bankrupted his multi-million dollar business to be sure that his wife would get nothing (she was part-owner).  I have seen in my own extended family the incredible venom that sometime occurs when two people decide they really hate each other.  In fact, the smartest thing one can do under those kinds of circumstances is to go through the lawyer screen to keep the incendiary sparks to a minimum.


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## MSnowy (Jun 20, 2014)

Since you don't own the lens she doesn't get to spit half its value. What she gets to do is pay half of whats owed on it when Canon comes a knocking.


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## runnah (Jun 20, 2014)

Why is divorce so expensive?

Because it's worth it.

She sounds like a peach btw.


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## gsgary (Jun 20, 2014)

Don't you all have guns over there ? Just go round and shoot her and take your lens  what could be simpler OJ got away with it


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## gsgary (Jun 20, 2014)

shefjr said:


> As an aside, I'm sorry to hear you are getting a divorce and things have gone so venomous. It always makes me feel bad when I hear people are splitting. :/ I hope when the dust settles that you are both at least happier.



This is nothing compared to my divorce


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## annamaria (Jun 20, 2014)

I would definitely have your lawyer contact her lawyer. Have the police go with you to get your equipment.


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## Skyehammer (Jun 20, 2014)

You could hire a Ninja to break into her house under cover of the dark , with a bit of luck , he might bring back the television for you as a bonus . Cheaper than a lawyer , and you get the telly as well .
I'll do it for you for the return fare and a cup of tea .
Nah , it's no laughing matter is it ?
Sorry .


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## CAP (Jun 20, 2014)

Well i ready spoke with my lawyer and canon and things are fine canon does not care they just send you a bill and you have 120 days then they send it to collection agency that's it.

Canon is a big company little things like this don't bother them at all.

From a legal aspect there is nothing any one can do till we go to court both or our accounts with both our names are not to be used.  I have my personal accounts so funds are not a issue and i don't mind if she keeps the house since we both own it.  I will just trade house for cash assets witch is what i want.

I also have mini prenup so she cant go after or have my family''s property's that they left me or my trust it is safe.

The only thing canon can do is send me a bill thats it.  Because the way there program works they dont take a deposit or any personal info.
Canon only has your name an address that's i all ways wonder how they do there cps program that way.

But i will pay for it out of her money if need to.
_
Also we don't have kids thank god._

But thanks for you input!

Sincerely CAP..


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