How Do I Get My Property Back From Someone Who Is Keeping It From Me?

Your recourse, in a court of law are actions called “replevin” and “detinue.” A replevin suit is a legal action that seeks a court order for the immediate return of property prior to a trial. You must still proceed to trial, but this suit preserves your rights, by allowing you to secure the property before your court date. You can also recover damages in a replevin action. If your property has, for example, been damaged and assuming you can properly establish your loss, the court will award you monetary compensation.

An action in detinue demands the return of property, or compensation for its value after a trial. However, in a detinue case you may not recover the property before a hearing.

Both actions must be filed in the District Court of Maryland. If the amount that you are claiming is up to $5,000.00, this would be an action in “small claims,” where the rules of evidence are relaxed. The courts do not require that you have a lawyer for such actions and the clerk’s office can often be helpful with regard to the general procedure. However, it would be worth your while to consult an attorney before undertaking any such proceeding.

By | 2017-02-13T13:07:22+00:00 February 4th, 2017|Business & Civil Litigation|0 Comments