Legal Question in Real Estate Law in Virginia

I am going to get a warrant-in-debt against someone because they did not return my property. I may have a hard time proving that some of the property is mine. If the other party decides to get a lawyer and if I lose my case, am I liable for there lawyer fees?

Thanks.


Asked on 4/12/10, 8:15 am

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

No, you would not be required to pay the defendant's legal fees should you fail to prevail in your claim, but the actioin you should file in the general district court should be a Warrant in Detinue(for the return of personal proeprty) rather than a Warrant in Debt. And, in the event that for whatever reason this property

cannot be returned, you should then ask the court to award you in the alternative a judgment against the defendant for its fair market value.

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Answered on 4/17/10, 8:31 am


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