Need a Warrant in Detinue filed to recover personal property? We can help.
Kelly Gurley Roberts – Civil Litigation Attorney
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1. What is a Warrant in Detinue?
In Virginia, this is a procedure where one party may recover possession of unlawfully withheld personal property by another party.
2. How do I bring a Detinue action?
If the value of the personal property is less than $25,000, a Warrant in Detinue may be filed in General District Court. If the value is over $25,000, the complaint is usually filed in Circuit Court.
3. How do I get my property if I win in court?
If you win, the court will render a final judgment ordering the property returned within a certain number of days. If the person fails to return the property, the next step is to request the court issue a write of possession, after which the Sheriff may seize the property.
4. Why can’t I just go get the personal property myself?
While Virginia allows “self-help”, the line between “self-help” and a “breach of the peace” is a moving target that is constantly subject to a judge’s interpretation. Engaging an attorney may be the best way to ensure serious mistakes aren’t made.
Your Next Step:
Contact us today – We’re ready to help.
We have three offices conveniently located in Charlottesville, Palmyra (Across from Food Lion), and Harrisonburg, Virginia.