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.
Photo by rpongsaj
Free consultation. Call Andrew: 540.318.5824
Post a comment