What to do if someone won't return your belongings?

Asked by: Mr. Luis Reichert DVM  |  Last update: April 4, 2025
Score: 4.2/5 (42 votes)

Camila Lopez, Esq.
  1. Make a List of Items Taken.
  2. If Someone Refuses to Return Your Property, is it Theft?
  3. File a Police Report.
  4. Request a Civil Standby.
  5. Ask for Your Property Back by Sending a Demand Letter.
  6. File an Insurance Claim for Your Stolen Stuff.
  7. Sue in Small Claims Court to Get Your Property Back.

What do you do if someone won't give you your stuff back?

You can certainly try contacting the police and ask if they would accompany to his home to retrieve your items. If they are unwilling to help, you would then need to proceed and sue him in court, for the value of these items.

Is it illegal for someone to not give your stuff back?

No, it is nothing but theft and is a criminal offence for which criminal courts can take action upon the person doing it.

Can I call the police to get my stuff back?

Many police stations provide civil standby services, where a police officer will accompany you to collect your belongings and help keep the peace. This can provide an extra level of physical safety, as well as ensure there is a witness to any disputes that may take place.

What to do if someone won't give something back?

Be clear, firm, and document any responses for future reference. Send a Formal Demand Letter:If she refuses to return the item, you can send a demand letter. Outline: What was taken. That you did not give her permission to take it. A deadline (eg, 7 days) for returning the property.

How To Get Your Belongings Back From An Ex

36 related questions found

What is it called when someone won't give you your stuff back?

Some small claims courts also allow people to file a writ of replevin, which is a court order requiring the return of your personal property by the person wrongfully keeping it.

Can I get a court order to get my belongings back?

Under California law, you can file an ex parte application for a court order allowing you to retrieve your personal belongings from the premises.

How to sue someone to get property back?

First, you can sue in Small Claims Court if the total value of your property is $6,000 or less. In Small Claims Court, the judge can order that you be paid money for the value of the property that was illegally held, or they can order that the property itself be returned.

What can I do if my ex refuses to give me my belongings?

The first step is to contact the police. If the police will not help you, you can file a lawsuit against him for civil theft. Civil Theft is defined as the unlawful taking of ones property. Here, it can be seen as if he is taking your property since he refuses to return it to you.

Can you call the cops on someone for throwing away your belongings?

In cases involving unlawful disposal of possessions, individuals who believe their belongings were wrongfully discarded may choose to pursue both criminal charges and a civil lawsuit against those responsible.

Can you sue someone for not returning your belongings?

File a Civil Lawsuit

You can file a conversion suit to reclaim the value of your property when someone else, without your consent, either damages or fails to return it. You can also sue for negligence or other cause of action as it fits your case.

What to do if someone has your belongings and won't give them back in Texas?

You can call the police if you wish to do so and make a report. You can also request for a return of the item in writing to this person and to return it to you within x amount of days. If they do not return your item, you will have to sue them.

What to do if someone has your belongings and won't give them back in Canada?

Apply to the court

If you and your ex can't reach an agreement, you can ask a judge to allow you to retrieve your household items and personal belongings. Depending on your situation, the options available and the time it will take can vary.

Is refusing to give something back theft?

A criminal charge of theft (or larceny) generally requires the specific intent to deprive another individual of their personal property permanently. If you legitimately forgot to return a borrowed item to its rightful owner, you lacked specific intent to steal the item.

What to do if someone is withholding your stuff?

In California, you may have legal options if a family member is withholding your personal property despite your requests for over a year. One possible step you can take is to send a written demand letter to your family member, requesting the return of your belongings.

Can police help retrieve personal belongings?

State or Local Law

Local law enforcement may provide standby services in which they provide a police escort to assist with the retrieval of property.

How do I get my belongings back from someone?

It is your burden to prove the value of these items, but it shouldn't be too difficult for you. The maximum you can sue for in small claims court in California is $10,000. Sometimes, a small claims court judge will just award damages. Other times, the court can order return of specific items of personal property.

What to do if someone has your belongings and won't give them back in the UK?

If you have a problem with someone who has borrowed your property and has not given it back, keep a record of all the occasions you have asked for it and then ask a solicitor to send a formal letter asking for the return of the property.

Is it worth going to small claims court for $500?

Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.

What is a replevin?

re·​plev·​in ri-ˈple-vən. : an action originating in common law and now largely codified by which a plaintiff having a right in personal property claimed to be wrongfully taken or detained by the defendant seeks to recover possession of the property and sometimes to obtain damages for the wrongful detention.

Can you call the police if someone has your property?

If you have proof that you own the property and someone has decided to move in regardless of the fact that they don't pay rent then most definitely you can call the police. Depending on the jurisdiction if you're in a liberal place they might let the squatter stay and charge you because liberals like squatters.

What to do when an ex won't give your stuff back?

If your ex won't let go of an item, and is unwilling to compromise, let them have their way. In some cases, however, you may need to bring in a friend or even a lawyer to mediate. If your ex is insisting on keeping high priced items, which you legally own, it may be worth your effort to try to get them back.

How long does someone have to collect their belongings?

California Abandoned Property Law Explained

Under California law, a tenant has the right to leave their belongings on your property for a maximum period of 18 days following the issuance of a notice of abandonment. During this time, the tenant can reclaim their items.

How to legally get your stuff back from an ex?

If your ex is not returning your belongings, an each option would be to sue in small claim court for the value of the property. A harder option is to file a lawsuit to have a Judge order your ex to return the property.