My dog was stolen over a year ago, she has recently been…

You have two options in seeking the returning of your property.

You can raise a claim in the local court for conversion or detinue.

Conversion occurs when a person deals with goods in a manner that is repugnant to another's right to possession of the goods. Conversion requires more than contact with goods. The conversionary act must deny the plaintiff's right to possession of the goods.

In order to maintain an action in conversion, a plaintiff must establish that he/she had either actual or constructive possession at the time of the act of conversion or an immediate right to possession. An immediate right to possession may arise in a number of ways.

The unauthorised taking of another's goods with the intention of keeping them or exercising temporary or permanent control over them will amount to a conversion.

In this present situation you will be able to sue for the value of car and any economic loss that has been suffered.

Detinue on the other hand occurs where a person wrongfully detains goods and refuses on demand to return them to the person who has an immediate right to possession of the goods.

In order to succeed, the plaintiff must establish that he/she demanded return of the goods and that the defendant failed to return the goods. There are certain requirements in relation to the demand and the refusal.

In order to be effective, the demand must specify a time and place for return of the goods and must spell out that any consent to possession of the goods is revoked.

The defendant must refuse to return the goods and such refusal must be unreasonable.

Where the goods are unique and/or valuable, the court may order that the goods be returned to the plaintiff. Otherwise the normal remedy of damages applies, including damages for consequential loss.

Based on the time frame the best option for you to consider is suing for conversion.

Thank you for reaching out today.

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