Legal Question in Civil Litigation in Virginia
Grand Theft
I was evicted from my Aunt and Uncle's residence. They gathered some of my belongings and put them at the edge of their property. I retrieved those items with a Sherriff's deputy escort. However there is over $7500.00 worth of my property that remains. How can I pursue civil litigation and notification
2 Answers from Attorneys
Re: Grand Theft
Yes, a Warrant in Detinue is a request for an ORDER of the Court that they give back what belongs to you. You will need to have a list, as much as possible, of what you want the court to order you to pay back.
A Warrant in Detinue is a legal action for "Gimme back my stuff"
NOTE that this is different from a Warrant in DEBT which is a claim for money.
Both are forms that you can get from the clerk of the general district court and fill out.
If you ask the clerk "what should I do" they will answer "We can't give you legal advice."
If you ask "How do I fill out this form?" they wil tell you almost everything you could ever want to know.
Re: Grand Theft
You could file what's called a Warrant in Detinue in the general district court for the return of your property or, in the alternative, (if all or part of the property cannot be returned for whatever reason)a claim for damages equivalent to the fair market value thereof.(Some form of credible proof would need to be provided if this particular issue had to be litigated.)
Your aunt and uncle would be named as defendants.