Warrant in Detinue
A warrant in detinue is a civil claim for specific personal property (whereas a warrant in debt is a civil claim for money). The plaintiff files this type of form in General District Court. Plaintiffs use this action to try to recover personal property that the defendant is wrongfully withholding.
You can download the fillable PDF warrant in detinue from the court’s website, and there are also instructions. It’s a pretty simple form to fill out. You basically list the plaintiff, defendant, the property you are trying to recover, and your basis for a claim in the property. You have to mail a copy to the defendant(s) and then file it with the court.
If you are a defendant who receives a warrant in detinue, you should consult a Virginia lawyer. Depending upon the facts and circumstances of your case, you may have a defense to the plaintiff’s claim that you are withholding his property. If you don’t show up on the warrant in detinue return day, the plaintiff can take a default judgment against you and then have the sheriff seize the property after ten days.
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3 Comments
rick
If u told the person to come and get his property out of the business that it was in for his daughter not my daughter no contract no list of items signed
daughter walked out of the restaurant called father to get his belongings out he said no leave it in ther its ok hear nothing from this man tried to contact him and then recieve a notic of detinue not filed yet from his lawyer give back all the property to him by me calling his lawyer and then recive warrant idetinue from the courts one item was missing a rolling paper from a chic and chong album that can not be proved if it was ever in the albumeveything was taken down with care because he had some nice items that we did not to get blamed for wrecking them thanks rick
Jun 30th, 2009
Andrew Flusche
@rick – I don’t understand your question. To prevail on an warrant in detinue, the plaintiff has to prove that the defendant has the property in question.
Jun 30th, 2009
AH
I live in Virginia, but worked in DC. I was terminated from my former employer. The employer has refused to return all of my personal belongings. Am I required to file the warrant in detinue in Virginia where I live or in DC where the company is located?
Mar 10th, 2010
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