Legal Question in Consumer Law in Virginia
Property paid for and not received
In 2004 I purchased a cheerleading uniform for my daughter (approx. $200). This year (2005) the team updated the uniforms with some embroidery and rhinestones. I turned in my uniform for the updates to be made (and paid for the updates $25). We have since left the team because the of problems with the facility and coach and have requested my uniform back. The coach and owner of the team refuses to return my uniform ''until all uniform fees are paid for new items and and all items are received from vendors''. We did not order a new uniform as the old one still fit my daughter. My uniform was completely paid for in 2004. My daughter won a national championship in that uniform and I want it. I've sent a demand letter to the coach requesting that the uniform be returned to me immediately. If she does not return it, which I feel she will not, what can I do legally to get it back? Thank you.
2 Answers from Attorneys
Re: Property paid for and not received
You can file what's called a Warrant in Detinue in the general district court to secure the return of your property or in the alternative a judgment against the defendant(s) for the value thereof.
Proof of purchase/payment receipts for all items/services connected with the uniform could come in handy.
Re: Property paid for and not received
You need to file a Warrant in Detinue, which is
a lawsuit for the return of tangible property.
Go to the clerk of the court in your county and
ask for the right forms. Although the clerk will
be very reluctant to give you anything remotely
sound like legal advice, if you ask them how to
fill out the form you will learn a great deal.
The trickiest part of your case will be deciding
whom to sue... the school? the coach? the
team? the team probably does not exist as a
legal entity. The coach may not necessarily
be the on who actually has it. You may have
to sue a number of people at once to find
out who is the right one.
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