Legal Question in Real Estate Law in Virginia

About a week ago my allowed my now ex-boyfriend to use my laptop to put in job applications. We had a verbal agreement that if and when I asked for it back I would then receive it. Last night he and I got into a heated argument. I told him I did not want to continue the relationship anymore. This made him hostile. Last night he got in my driver seat and was about to drive my car off. I felt if I let him drive off in my car without me being inside it would cause more damage to my car. While this was happening he was driving wreck less to the point of putting all lives around us in danger. He threw my car keys on a house roof. The police were called and he got them down and I left the scene to go to his home and get my computer however his parents began to get rude and disrespectful so the police were called a second a time. His mother said that the computer is at someone elses home which we both agreed it would not leave his house. I am asking what can I sue for and win?


Asked on 5/21/10, 4:26 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

In General District Court, lawsuits are driven by specific forms. For a debt, one files a Warrant in Debt and the lawsuit consists of simply filling out the form and filing it properly.

For your situation, you want to get a "WARRANT IN DETINUE" form. You fill out the form. You can ask the Clerk's office how to fill out the form. You cannot ask them for legal advice, but if you ask them only about the form they will tell you everything you need to know.

A "detinue" action is simply a "give me my stuff back" lawsuit.

Note that this is different from a normal lawsuit becuase it is clear who owns the property.

In a normal lawsuit you are asking the Court to award you damages for some wrong.

In a detinue action, you already own the property but someoen else is holding it. There is no question about who owns it. You just want it back.

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Answered on 5/25/10, 12:29 pm


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