What To Do When Someone Refuses to Return Borrowed Property

This is why it's wise to keep all documentation of the agreement and communications when voluntarily lending someone your property.

This article addresses your legal options for unreturned property. You'll also learn how to issue a demand letter and situations that may warrant a civil suit.

Taking legal action for unreturned property can feel overwhelming. But with the right legal support, you can confidently pursue the return of your property or its fair value. A small claims attorney can guide you through this process.

Should I File a Police Report for My Property?

Filing a police report is probably not an option for you, as you voluntarily gave away your property, and no crime was committed.

If the person who borrowed your property later refuses to return it and clearly intends to keep it permanently, some jurisdictions may consider that theft by conversion. This is still a civil matter. Regardless, proving criminal intent can be difficult, so it’s usually more effective to pursue civil remedies unless the situation escalates or involves high-value property.

Issuing a Demand Letter

Lawsuits are complex and expensive. It is thus better to solve things through dialogue before you take your case to court. This could be through a demand letter or through less formal procedures. A demand letter is a letter that summarizes your claim and the relief you are seeking. If the person still refuses to return the property, then consider filing a civil suit.

Key elements of your demand letter should include:

• Your contact information and the recipient’s contact information
• Description of the property and how the recipient came to possess it
• Timeline of events (including when the property was supposed to be returned)
• Legal basis for your claim (an attorney can help you with this, if needed)
• Deadline for response or return of the property
• Warning of legal action

Issuing a demand letter shows you made a good-faith effort to resolve the issue without litigation. If you file a civil suit later, the letter can be used as evidence.

Breaking into the person's home to take back your property is never a solution. It may result in trespass charges.

File a Civil Lawsuit for Unreturned Property

As your case is a civil matter, you need to file a lawsuit in a small claims court demanding the return of your personal property. You must pay the required fees and conform to the requirements before you file your case.

This will likely be a tort claim for restitution or a claim for conversion. You can file a conversion suit to reclaim the value of your property when someone else, without your consent, either damages or fails to return it. You can also sue for negligence or other cause of action as it fits your case.

Make sure to retain copies of any documents, conversations, emails, texts, or phone logs that show you actually had an agreement to get your property back.

Note that laws may be different from one state to another. Make sure to do your research before filing a civil suit or consult an attorney for help.

Additional Resources: Civil Claims

Use the links below to learn more about civil claims and remedies.

• Small Claims Cases
• Can I Be Accused of Stealing Something I Borrowed If I Forget to Return It?
• Filing a Lawsuit: Should I Sue?
• What To Expect - A Lawsuit Chronology

Get Your Property Back: Talk to an Attorney

Depending on the value of the property, consulting with a litigation and appeals attorney might be worthwhile to help assert your rights. They can also advise you on whether your case qualifies for small claims court or if a different legal route is more appropriate. A knowledgeable lawyer can help you draft a compelling demand letter, gather the necessary evidence, and represent you in court if needed.