Legal Question in Family Law in Florida
Personal Possession Exchange - Domestic Dispute
What is the proper procedure or legal action for personal possession exchange when the 1st party has left personal property at the 2nd parties residence and is demanding 2nd party turns over the property but 1st party is refusing to return the 2nd parties personal property. The exchange involves a large sum of money and personal items.
2 Answers from Attorneys
Re: Personal Possession Exchange - Domestic Dispute
Sounds like a lawsuit in the making.
If one party wants property back, the suit is in replevin and if the other party wants money owed, it is also recoverable, if proven to be owed.
I would recommend some type of mediation/arbitration if the parties can sit down and talk first.
Re: Personal Possession Exchange - Domestic Dispute
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There is no set procedure. If the parties are civil to each other, they can accomplish it at a mutually agreed place and time. If not, then it should be handled through their attorneys or an uninvolved third party.
Scott R. Jay, Esq.