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I live in Lake Jackson TX I have a former bis partner that

still has company property that...
I live in Lake Jackson TX I have a former bis partner that still has company property that he refuses to give back.how do i legally get a court order to return the property
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Answered in 1 minute by:
6/27/2013
Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33,167
Experience: JD, BBA Over 25 years legal and business experience.
Verified

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

What is the value of the property? Can you prove it belongs to you?

I look forward to assisting you as soon as I have received this information. Thank you.

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Customer reply replied 4 years ago

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.pdf

Here 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

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

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Customer reply replied 4 years ago

would the kansas statute also work in texas?


 

No, my sincere apologies, Robert.

I meant to provide a link to the TX statute. TX does not seem to recognize replevin as a equitable claim, so you would typically need to pursue a claim of "conversion" under the common law.

Here is a link which sets out the elements of the cause of action:

http://causeofactionelements.blogspot.com/2009/11/conversion-of-personal-property-tort-in.html
Tina
Tina, Lawyer
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