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What is the value of the property? Can you prove it belongs to you?
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the property is a large custom smoker valued at approx $4,000.00
I was build at our pipe shop for use during company bbqs and charitable fundraisers.
i have photos of fabrication and can possibly find material receipts.
I see. Thank you for clarifying the situation, Robert.To obtain a court order requiring your former partner to return the property, you would typically need to file a petition for replevin. That is the type of suit required where you are seeking the return of property rather than suing for money damages.Because of the value of the property, it would typically be easier and less expensive to file suit for money damages in small claims court since that court is designed to permit parties to pursue a legal action without an attorney. However, small claims courts usually cannot grant equitable relief, which is the type of suit involved in a petition for replevin.If you file the suit in small claims court, it may motivate your former partner to return the property in order to avoid a judgment against him. If not, then a suit for replevin would typically be necessary.Here is a link which provides instructions on how to file suit in small claims:http://www.texasbar.com/Content/NavigationMenu/ForThePublic/FreeLegalInformation/OurLegalSystem/HowtoSueinSmallClaimsCourt.pdfHere is the code which permits you to sue for replevin. If that becomes necessary, it would be best to retain a local attorney to represent you in the case:http://kansasstatutes.lesterama.org/Chapter_61/Article_37/61-3701.html
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would the kansas statute also work in texas?
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