How Can I Recover Stolen or Seized Personal Property?
Your personal property is not always safe or secure; it can be stolen or seized. Fortunately, in the state of Tennessee and elsewhere in the United States, the law allows you to reclaim or recover your personal property.
Under the law, personal property is physical, transferable, tangible items, such as vehicles, shirts, computers, and toys. The law also considers intangible assets, such as stocks and trust funds, personal property.
Recovering personal property
The law requires that you file an action or petition, stating that you wish to recover your personal property, with the court. You may not be able to recover your personal property immediately, but you will get your personal property back eventually.
If you need to retrieve your personal property immediately, you can ask the police for help. However, the police cannot help you retrieve your personal property if there is an ownership dispute between you and another person. The law requires that ownership disputes are heard and resolved in court.
Recovering personal property does not always concern just one individual; sometimes, it can concern two or more parties. Recovering personal property may concern individuals, government entities, and/or businesses and often involves one or more parties filing a lawsuit.
Proving ownership of personal property
Regardless of how personal property is recovered or whom the recovery of property concerns, a person must show that he or she is the owner of the property in question. Often, there are conflicting claims of ownership.
When there are conflicting claims, the burden of proof typically falls on the party asserting ownership. They must provide evidence and demonstrate a stronger legal entitlement to the property compared to other claimants. The specific requirements for proving ownership can vary depending on the nature of the property in question, but there are common methods and documents that can help establish ownership rights:
- Title documents
- Receipts and/or invoices
- Registration records
- Witness testimony
- Photographs and videos
- Expert opinions
If you have questions or concerns about personal property, recovering personal property, and/or related matters, you should talk to an experienced lawyer. To learn more, to have your questions answered, and to have your concerns addressed, contact Nashville Attorney Perry A. Craft or call our offices today.
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Perry A. Craft has dedicated his life to helping people in need. He has tried, settled, or resolved numerous civil and criminal cases in State and Federal courts, and has represented teachers and administrators before school boards, administrative judges, and the state Board of Education. Learn more about Attorney Craft.