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Warrant in Detinue

Experienced Virginia Lawyers Help Creditors Recover Property

Knowledgeable Charlottesville attorneys handle warrant in detinue cases

If you are owed property you believe to have been unlawfully withheld, you cannot simply take it without going through Virginia’s proper legal channels. Doing so could cause you to lose the property for good or even to face criminal charges. The attorneys at Tucker Griffin Barnes P.C. are experienced in handling warrant in detinue petitions, by which creditors can gain possession of collateral in cases of debtor loan default. With offices in Charlottesville, Palmyra and Harrisonburg, we advocate for our creditors’ rights and hold their debtors accountable for their promises.

Helpful counselors guide individuals and businesses through detinue process

We work with creditors to ensure that their warrant in detinue petitions are thoroughly prepared and legally viable. A claim must include the following:

  • Description and value of the property — A detinue petition must state the estimated fair market value of the property in question. When the property is valued at less than $25,000, the petition can be filed in the general district court. If it is more than $25,000, it must be filed in the circuit court.
  • Basis for entitlement to the property — The creditor must be able to demonstrate that its right to possession of the property is stronger than that of the party currently in possession.
  • Grounds of action — The creditor must allege one or more legal reasons justifying recovery of the property. Grounds may include the defendant’s intent to hinder, delay or defraud the creditor.

Our qualified attorneys will work to make the strongest case for a warrant in detinue. Should you win, the court will issue a final judgment ordering that the property be given to you within a certain time period. If the wrongful possessor does not abide by the terms of the judgment, you can petition the court for a writ of possession and wait for a sheriff’s deputy to seize the property.

Reputable law firm advises clients on detinue versus self-help

Though Virginia law allows creditors some latitude to use self-help as a method to repossess collateral when debtors default on payments, it can be tricky to execute self-help legally. Forceful repossession of property may be considered an illegal breach of the peace if the debtor protests the repossession or demands that the repossessor stop trespassing on his property. What constitutes an illegal breach of the peace is subject to each individual judge’s interpretation. Pursuing detinue is a more reliable method of reclaiming property.

Contact an accomplished Virginia law firm for warrant in detinue help

We care. We fight. We help our clients put their lives back together. The legal team at Tucker Griffin Barnes P.C. guides clients through the warrant in detinue process. Call us at 434-973-7474 or contact us online for a consultation. We have offices in Charlottesville, Palmyra and Harrisonburg, Virginia.

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