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My personal property is on someones property and they won't let me retrieve it
Anonymous2 views3 answers
The other comments are correct; you risk personal harm by merely going onto the other property; you are technically trespassing; The proper remedy is to use the Court system. First have an attorney make a written demand to surrender the property in a manner that you can prove was received by your neighbor. The second step is a form of suit called "Replevin" by which the Judge would issue an order requiring your neighbor to surrender the property. If you post a bond at the amount set by the judge, you can have the Sheriff help retrieve it immediately. You should add a claim called "conversion" which means that by denying you the right to retrieve it, your neighbor has taken your property for his own uses; This carries the threat of punitive damages. The filing of the suit alone might get you the return of the property immediately without going further
The other comments are correct; you risk personal harm by merely going onto the other property; you are technically trespassing; The proper remedy is to use the Court system. First have an attorney make a written demand to surrender the property in a manner that you can prove was received by your neighbor. The second step is a form of suit called "Replevin" by which the Judge would issue an order requiring your neighbor to surrender the property. If you post a bond at the amount set by the judge, you can have the Sheriff help retrieve it immediately. You should add a claim called "conversion" which means that by denying you the right to retrieve it, your neighbor has taken your property for his own uses; This carries the threat of punitive damages. The filing of the suit alone might get you the return of the property immediately without going further
If I were you, I wouldn't consider going onto someone else's land to get your property. It's not worth the risks of getting shot, facing criminal charges, facing civil charges, etc. The legal system is in place to aid in situations like this, and I recommend that you use it. While it may cost a little money to have an attorney help you recover your property, it'll certainly be less expensive than other options not involving an attorney's help. My law firm has an office in Washington, actually. If you'd like to speak with myself or another attorney about helping you get your truck and other items back, give us a call and speak with one of our paralegals about speaking to an attorney about the matter.
John M. Eccher
You could send him a letter demanding that he allow you to come and get your truck, and if he refuses, sue him in court for conversion (stealing) of personal property.
There is also something called the right of "Self-Help." For example, the repo men use "self-help" when they go to someone's house in the middle of the night to repossess a car that the buyer quit making payments on. So, theoretically, you can go to his house and retrieve your truck, as long as it does not involve breaking and entering, or damage to his land or property. However, you run the risk of a physical fight with him, being shot at, or him suing you for trespassing and damage that he will claim you caused to his land when you drive (or tow) your truck out of the woods.
Have you considered calling the sheriff and talking to them about this? Tell them you can provide proof that the truck belongs to you and you'd like to go retrieve your vehicle and would like them to be there in case the guy tries to prevent you from getting your truck. Not sure if this would work in a big city, but in a rural area where the sheriff knows the parties involved, they might help you with this.