A personal property demand letter is an official appeal to get items belonging to a person or another entity. When writing this letter, you need to describe or show why the personal property doesn’t belong to the individual or entity who possesses the property. You should also include a date stating when such items need to be returned to the legal owner. If not, you’ll be left with no alternative but to take legal action or file a case with the small claims court.
Personal Property Demand Letter Template
What it Includes
When writing the personal property demand letter, there are a couple of critical details that must be included, such as;
- Your name, and address as well as your opponent’s name and address
- The date which you’re sending the letter
- Precise details of evidence showing you’re the actual owner of the property in question
- Date by when you’re expecting the property to be returned to you and a statement of the consequences you’ll take if that doesn’t happen
- Your signature
How to Get Your Property Back (Legally)
Have you ever found yourself in a situation whereby someone else has your personal items? If so, you shouldn’t be overly worried as there’s a clear legal procedure you can follow to get back possessions of these items. During this process, you’ll be required to give tangible evidence showing that, beyond doubt, you’re the sole owner of the property in question. In addition, you also should state a sensible duration by when you expect the property to be returned back to your custody.
Step 1 – Confirm Property Ownership
In law, there’s a saying that goes, “possession is 9/10 of the law.” Therefore, you can’t fully claim to be the legal owner of an item unless you can prove beyond no doubt that you, in fact, the property is yours. Without such tangible evidence, you may not be able to acquire back your property.
However, you shouldn’t give up just yet as there are ways to prove that you’re the actual owner. This includes issuing bank statements and receipts that you saved electronically right after buying the item being fought over. Once you avail such details, you’ll be able to prove that you, without a doubt, are the property’s actual owner.
Step 2 – Go Through The Laws
It’s crucial you first familiarize yourself with the State laws before proceeding to fight over an item. This is essential as you don’t want to partake in a losing battle after all. For instance, many States consider an engagement ring to be a conditional gift if gifted to an individual on special occasions such as Valentine’s Day, Christmas, or birthday. Therefore, the ring will henceforth be considered to be the receiver’s personal property.
Step 3 – Write The Demand Letter
As you write the demand letter, make sure to also clearly explain how the other person got their hands on the property in question. You can use this demand letter as evidence when this matter finds its way in court. Because of this, you must include precise and descriptive exhibits and attachments that’ll be used as your evidence.
Step 4 – Get As Much Proof As Possible
Once you’re done writing the demand letter, proceed to collect as much evidence as possible to show that you indeed are the property’s owner. If you can get any testimony, for example, eye witness accounts from friends or family confirming you’re, in fact, the valid owner, don’t hesitate to include it.
Step 5 – Send The Demand Through Certified Mail
Make sure to always send the demand letter via Certified Mail with a Return Receipt. This is the only way you can verify that the recipient currently with the property under dispute receives the letter and is served with an official notice that you can, later on, be used in court.
Step 6 – Take Legal Action
Should the individual currently having your property fail to give back the disputed property, you’re left with no option but to take this issue to the local claims court. If the property’s value is less than $5,000, this case will be best tackled by the local Small Claims Court. But for items of greater value, having a lawyer is always advised.
How Do You Write A Personal Property Demand Letter?
Here’s are the laid down steps you need to follow when writing the personal property demand letter;
Step 1 – Get A Copy of The Personal Property Demand Letter
When writing the personal property demand letter, you can save it in your computer either in an “ODT” m “MS Word” or “Adobe PDF” button found on the website’s preview. You can also get these different file versions by using the above links.
Step 2 – Introduce The Paperwork Following The Standard Healing Information
At the page’s top left-hand side, find the word “From.” In the four empty spaces around this section, you should write the full name of the entity or person who’s writing this demand letter. Ideally, this should be done on the first lines and the full address of how the individual writing the letter can be contacted on the remaining blank spaces.
John Clarke Rental Co.
373 First Street
It’s standard practice to include a specific calendar date in this letter when the recipient can repayment demands will take effect. In this section, add this letter’s calendar month and day of the year right across the two empty lines after the label “Date.”
Date February 20, 20 21
This is also another regular item located on many correspondences, and it is an opening that explicitly names the target recipient. Therefore, the empty space following the word “Dear” should include the person who’s expected to give back the property under discussion in this letter.
Date March 30, 20 21
Dear Michelle Smith
Step 3 – Give Some Debt Information To This Letter’s Body
In this paperwork’s first sentence, you should provide important details for this order to be finished and it’s applied to the Sender, Recipient, and property. You should start by reporting the disputed property under the Recipient’s possession which they’re expected to give back. Ensure to identify this property fully, and if it’s a car, go ahead and state the License Plate Number and VIN alongside its details.
After that, the Owner of this disputed property, who’s sending this document, should identify themselves in the declaration sentence, usually in the second sentence. Place the Property Owner’s full name in full on the blank lines before the phrase “Demand That You Return….”
Step 4 – Execute The Demand By Signature
The personal property demand letter, for a reason, has some powerful language. But for this to even be taken seriously, the Sender must provide a formal signature. This will be done in the page’s bottom section in the blank space after the closing term “Sincerely.”
If your personal property, be it an automobile, land, or building be in the hands of another party, then writing a personal property demand letter is appropriate. If writing this letter is something you didn’t know what to do, this detailed article has highlighted the steps you need to follow.