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Filing a Virginia Warrant in Detinue

Warrant in Detinue Lawyer | Charlottesville, Virginia

Need a Warrant in Detinue filed to recover personal property? We can help.

Kelly Gurley Roberts – Civil Litigation Attorney

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Four frequently asked questions about VA warrant in detinue cases:

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:

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We have three offices conveniently located in Charlottesville, Palmyra (Across from Food Lion), and Harrisonburg, Virginia.

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