QUESTION

If a valuable item of mine was given to someone else without my knowledge, do I still have the right to ownership?

Asked on Sep 10th, 2011 on Civil Litigation - South Dakota
More details to this question:
My Grandfather owned a vintage soda machine that is valued today at over $3000. After his passing, my father (his son) inherited this machine. He let me take take it to my old apartment. When I moved out, I was unable to find a way to move it out, so my roommate said that he was going to keep it for me until I was able to pick it up. He ended up giving it to someone else to pay for his debts. I have tried to contact this person to ask about getting it back, and he says that it is now his. Is there any way that I have the right to have this returned to me?
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1 ANSWER

Taxation Attorney serving Coronado, CA at Barkley Law Group, APC
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If the item is rightfully yours your roommate can not give it away in order to settle his own debts. Under property laws, it is your personal property. You are still entitled to ownership as long as you did not abandon the item (leave it with your roommate making it clear you were not coming back for it) or give it away to cover your debts. It does not sound like either of these actions occurred. If this is the case you would be entitled to replevin which is the legal remedy for a person to recover goods that have been unlawfully taken from their possession. This is a speedy process of regaining possession of an item if peaceful self-help (asking for it back) has not worked. A writ of replevin is generally filed by the court and served by a law enforcement officer. The requesting party may be required to post an indemnity bond. All service and bond requirements are generally state specific therefore I would contact a local attorney or speak to a local court clerk in order to initiate the process.
Answered on Sep 15th, 2011 at 7:06 PM

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