What To Do When Someone Refuses To Return Borrowed Property

Someone failing to return other people’s stuff happens far too often. Maybe a neighbor still has the weed wacker they borrowed, or your (former) friend won’t return the jewelry you lent them for a special occasion. Regardless of the circumstances, you should be able to take steps to recover your personal property, or at least receive compensation for it.

In this article, we review your options and provide you with related legal information to help you get started. We’ll also give you an idea of the legal claims and remedies that may be available to you.

In some situations, consulting a civil litigation lawyer might be the best option. That doesn’t have to mean a lawsuit, as a skilled litigation attorney can help you draft a compelling demand letter. They can also prepare you for small claims court, if that’s the route that makes the most sense for you.

In the meantime, let’s start with the basics.

What Are My Options?

When someone won’t return something they borrowed, you have two main legal options. You can send them a formal demand letter or file a civil lawsuit in small claims court.

Most people start with a demand letter, which demonstrates a good-faith effort to resolve the issue before going to court. Well-written demand letters can be particularly effective because they show the other party that you’re serious and may take legal action if the matter remains unresolved.

What Legal Claims Do I Have for Unreturned Property?

Depending on the circumstances and the laws in your state, there are a few causes of action you might consider. The most common ones are conversion and replevin.

Conversion

Conversion means someone is wrongfully holding or using your property after you have asked for it back. Instead of returning the item, they’re treating it belongs to them. In such cases, you can sue for the value of the property.

Replevin

Replevin is an action to recover the actual property itself, as opposed to money damages. The court can order the person to return the item directly to you.

Courts often allow you to plead conversion and replevin actions together, then award the more beneficial action. You might have a claim for these less common actions:

• Unjust enrichment: Borrower unfairly benefited from using your property without permission and should compensate you
• Detinue/wrongful detention: An older legal claim (available in very few jurisdictions, such as Virginia) for someone holding on to your property after you demand it back
• Civil theft: Statutory claim allowed in some jurisdictions if someone refuses to return property after demand

Whether you’re starting with a demand letter or going straight to a civil lawsuit, it’s important to understand these actions. They will form the basis for your demands and claims.

Should I File a Report With the Police Department?

Since most property cases are civil matters, rather than criminal ones, involving the police may not be beneficial. If the item in question was stolen instead of borrowed, it’s a good idea to involve law enforcement.

Lending property often makes disputes civil. As such, filing a police report is not necessary, and law enforcement doesn’t need to be part of the solution.

However, if the person who borrowed your property later refuses to return it and clearly intends to keep it, some jurisdictions may consider that theft by conversion. This criminal offense occurs when someone lawfully receives property but then refuses to return it or uses it for their own benefit. At that point, the law treats the item as stolen property, and the person could be charged. At that point, filing a police report can trigger prosecution.

If you just want the return of your property or fair compensation for it, there are better options than calling the cops. Let’s take a closer look at how you might make that happen.

Send a Demand Letter

Sending a demand letter can be an effective way to pursue a resolution before resorting to court. This formal written communication should summarize your claims and the relief you’re seeking.

In your letter, maintain a professional tone and refrain from threats beyond lawful consequences. Courts sometimes frown on overly aggressive language.

Key elements of a strong demand letter include:

• Description of the property and how the recipient came to possess it
• Timeline of events, including when the property was supposed to be returned
• Direct demand for the return of the property or payment equal to its fair market value
• Consequences of ignoring the letter, such as a lawsuit for conversion or replevin
• Legal basis for your claim (an attorney can help you with this, if needed)
• Clear deadline for response or return of the property

Send the letter by certified mail or another method that provides proof of delivery. Any documentary evidence that supports your claims or demands should also be included.

If the person still refuses to return the property, then consider filing a civil suit in small claims court. If you do, you can use the letter as evidence of your good-faith effort to resolve the issue without litigation.

Small Claims Court

If the borrower still refuses to return the property, small claims court is often the next logical step. Small claims courts issue orders for money damages and return of property in some states.

This simplified legal forum is for everyday disputes valued below a set dollar limit. This limit varies by state, but often ranges from $5,000 to $10,000. The filing fees for small claims court are often lower than those of regular courts.

While small claims court is designed to be accessible without an attorney, you may still want to consult one before moving forward. They can advise you on strategy, claims, and evidence to strengthen your chances of success.

Get the process started by following these steps:

• Confirm your case qualifies by checking the court’s dollar limit
• Gather evidence, such as receipts, communications, photos, loan agreements, or copies of demand letters showing you asked for the property back
• Fill out the required small claims forms, usually called a complaint or claim, stating what happened and what you want (return of the property or money equal to its value)
• Pay the filing fee, which varies by court, and submit your paperwork to the clerk
• Arrange for proper service of the lawsuit papers on the borrower, often through certified mail or a process server
• Organize your evidence and practice explaining your case clearly and calmly
• Attend the hearing, present your evidence, and answer the judge’s questions

If the judge rules in your favor, you may receive a judgment ordering repayment or return of the property. Keep in mind that a judgment is just a court order. You may still need to take additional enforcement steps if the borrower doesn’t voluntarily comply, such as wage garnishment or placing liens on their property.

Many states limit small claims to money damages. If you want your property back and are in one of these jurisdictions, you may need to seek a court order in a regular courtroom.

When To Seek Legal Advice

A demand letter will often do the trick if strong legal arguments are included. If it doesn’t, small claims court may be a good fit for disputes below the limit. There are times when the best option involves considering a regular court with the aid of an attorney. These could include:

• The value of your property exceeds the small claims limit
• You have a civil theft claim for treble (triple) damages
• You want the actual item back, not just money
• Multiple items or parties are involved
• You want attorney’s fees/punitive damages
• Borrower raises complex defenses

If the borrower claims ownership, disputes the loan, or alleges fraud, the case may be too complicated for small claims. A consultation with a litigation attorney can help you sort through your options if you’re not sure. They can also be invaluable if your case is anything but straightforward.

Finding an Attorney

Even if you know you want to speak with an advisor to answer your legal questions, you may not know quite where to start. This is a common problem.

FindLaw’s directory of qualified litigation and appeals attorneys can be a valuable resource at this stage. You can review ratings and background information for area experts by clicking on your location.

Take some time to review their credentials and the types of legal services they offer. Their listing should also indicate whether they offer free consultations. Learn more about the remedies available to you, enabling you to make informed decisions about getting your stuff back.