[VA] I'm seeking damages from my ex for stolen/destroyed property and am withholding their property until I receive payment. How should I proceed?
July 3, 2025
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If you return your ex’s property and simultaneously initiate a civil claim against him in Virginia, that is absolutely a legally sound and strategically favorable course of action.
Here's how and why:
Benefits:
- Avoids Counterclaims: No detinue (wrongfu possession) suit against you.
- Shows Good Faith: Improves credibility in court.
- Streamlines Your Claim: Focus stays on recovering your losses.
How to File:
- File a Warrant in Debt for the value of your lost/stolen/damaged items.
- Provide evidence: receipts, texts, police reports, photos, etc.
- You’ll need your ex’s address for service.
- Filing fee: typically $50–$100.
Suggested Timeline:
- Day 1–3: Return their property (get written confirmation/photos).
- Same Week: File the Warrant in Debt at your local General District Court.
- 1–3 weeks later: Your ex is served.
- 2–6 weeks after that: You’ll have a court hearing.
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I just created a document of intent to sue. How long, if not settled, will it take for it to go to court—and do I have to go to the court to file it?
Are you currently represented by a lawyer for this issue?
No.
Is there anything else the lawyer should know before I connect you?
I have some of my ex’s property and am willing to return it once I receive payment for my stolen or destroyed goods.
Hello! I'm Andres Sanchez, a legal expert here to assist you. It sounds like you're navigating a complex issue regarding your property and potential court proceedings. What state are you in?
Virginia.
In Virginia, if you're seeking restitution for stolen or destroyed property and are withholding your ex's property until you receive payment, here’s how the law works:
1. Restitution in Criminal Cases
If the loss resulted from a criminal act, restitution can be ordered during sentencing under Virginia Code § 19.2-305.1. If restitution is ordered but unpaid, it can be enforced like a civil judgment.
2. Civil Action for Property Damage or Loss
If there is no criminal case or no restitution ordered, you can file a civil claim in General District Court (for claims up to $25,000) using a Warrant in Debt.
3. Detinue Action
If you're holding your ex's property, they could file a Warrant in Detinue to get it back. It’s best to avoid this by returning the property voluntarily.
4. Court Timeline
Once filed, a return date is typically set within a few weeks. If contested, a trial date follows. It can take several months total.
What if I return the property and serve him papers as well? I just want payment for my property that was misplaced, stolen, or destroyed.
That’s a good move.
If you return your ex’s property and simultaneously initiate a civil claim against him in Virginia, that is absolutely a legally sound and strategically favorable course of action.
Here's how and why:
Benefits:
- Avoids Counterclaims: No detinue (wrongfu possession) suit against you.
- Shows Good Faith: Improves credibility in court.
- Streamlines Your Claim: Focus stays on recovering your losses.
How to File:
- File a Warrant in Debt for the value of your lost/stolen/damaged items.
- Provide evidence: receipts, texts, police reports, photos, etc.
- You’ll need your ex’s address for service.
- Filing fee: typically $50–$100.
Suggested Timeline:
- Day 1–3: Return their property (get written confirmation/photos).
- Same Week: File the Warrant in Debt at your local General District Court.
- 1–3 weeks later: Your ex is served.
- 2–6 weeks after that: You’ll have a court hearing.
Ok, who can help me file that? I already started the intent to sue form online. Then I started chatting here for guidance. Who’s going to help me file?
You can get help from your local legal aid office. They can assist with completing and filing the Warrant in Debt.
So do I print the form and take it to court? Or do I go to legal aid?
Yes, you can print the form and file it at the court. Legal Aid can help you prepare it properly before you go.
