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