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Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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I have some property that was taken by the courts for a court

Customer Question

I have some property that was taken by the courts for a court case against my boyfriend of the time. I have been trying to obtain my property back for almost a year since the case has ended. I get nothing but a run around from the prosecutor and other officials I have been in contact with, I would like to file a motion to show cause, is this the appropriate step? How do I go about doing this procedure?
Submitted: 3 years ago.
Category: Legal
Expert:  Sam replied 3 years ago.


My name is XXXXX XXXXX I look forward to discussing this and providing you information in this regard.

I sugges you need to file a "Writ of Replevin" This is filed in the court in the county of the prosecutor who has your property.

If the investigation is over, then I suggest your property should be returned to you

Under Utah Rule 64B it states the following

Rule 64B. Writ of replevin.

(a) Availability. A writ of replevin is available to compel delivery to the plaintiff of specific personal property held by the defendant.

(b) Grounds. In addition to the grounds required in Rule 64A, the grounds for a writ of replevin require all of the following:

(b)(1) that the plaintiff is entitled to possession; and

(b)(2) that the defendant wrongfully detains the property.

You may be able to get a form to file for the Writ from the Clerk's office. If they do not have a form available, then I suggest you should ask the clerk to pull one you can use as a sample from another case and then you can type it up as it pertains to your situation.

I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated.