Legal Question in Civil Litigation in Pennsylvania

retreaval of propertty

i had a g/f for 4 years and she still has property of mine, a $150 mountain bike, and over$1000 worth of coin proof sets. she admits they are mine but refuses to give them back to me, saying i owe them to her, because she would pay sometimes when we went out, but i offered to pay but she insisted on her paying. what steps can i go through to make sure i get my stuff back.


Asked on 3/02/02, 1:56 pm

1 Answer from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

Re: retreaval of propertty

Judge Judy would tell her to give the stuff back.

Ann Landers might say she probably is trying to keep some hold over you.

But if you want a legal remedy, you can file suit in small claims, at your local District Justice, for the value of the stuff.

Technically, a claim for recovery of tangible stuff is called "replevin" and what she's doing in keeping the stuff is called "conversion."

A small claims court technically only has power to order money damages and not the specific performance or "equity" relief. But practically, the D.J.'s see this kind of case all the time, and it's not worth hiring a lawyer and preparing a Complaint in Common Pleas Court.

Assuming she doesn't have any actual defense or valid counterclaim (her paying for dinner sure ain't, unless she can prove it was a loan which is not likely) the judge can tell her to return the stuff or else he will order her to pay the value, which usually does the trick.

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Answered on 3/04/02, 8:35 am


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