Legal Question in Real Estate Law in Virginia

if you allowed someone to use your possession, and upon return of that item they stated it was broken. Based on what they told you, you threw the item away. During the course of this, it was determined that the electrical outlet was the problem and not the item. The borrower then went into my trash and claim the item as theirs. Based on this scenario, can I rightfully take possession of my item.


Asked on 12/15/10, 7:55 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Best to file what's called a Warrant in Detinue (for the return of personal property) with your local general district court and explain it all to a judge for a decision. And, if for whatever reason the property cannot be returned to you, ask the court to enter a judgment in your favor for its fair market value (for which you should have proof).

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Answered on 12/20/10, 8:34 am


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