Recovery of Goods: Difference between revisions
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== Client problems== | == Client problems== | ||
* | * Secured creditor has repossessed property belonging to the client that was not subject to a security agreement.
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* Court bailiff has seized property from a judgment debtor that actually belongs to the client, who is not a judgment debtor.
| * Court bailiff has seized property from a judgment debtor that actually belongs to the client, who is not a judgment debtor.
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* Client has lent property to someone, and the other person will not give it back.
| * Client has lent property to someone, and the other person will not give it back.
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* Someone has taken the client’s property and will not give it back.
| * Someone has taken the client’s property and will not give it back.
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== Summary of the law== | == Summary of the law== | ||
[[File:Consumer_Law_and_Debt_-_Recovery_of_Goods.jpg|thumb|275px|right| link=| <span style="font-size:50%;">Image via www.istockphoto.com</span>]] | |||
In general, when someone takes or keeps someone else’s property, the person taking or keeping the property must have a legal right to do so. The owner of the property usually has the right to attempt to recover it or, if recovery cannot be carried out peacefully, to get a court order for the return of the property. | In general, when someone takes or keeps someone else’s property, the person taking or keeping the property must have a legal right to do so. The owner of the property usually has the right to attempt to recover it or, if recovery cannot be carried out peacefully, to get a court order for the return of the property. | ||
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If it is determined that someone wrongfully took or kept property, the rightful owner of the property has a cause of action for the return of the goods. Both the Small Claims Court and the Supreme Court can make orders for the return of goods. The courts may also award damages, in addition to the return of the property, for the inconvenience of having had the property taken. | If it is determined that someone wrongfully took or kept property, the rightful owner of the property has a cause of action for the return of the goods. Both the Small Claims Court and the Supreme Court can make orders for the return of goods. The courts may also award damages, in addition to the return of the property, for the inconvenience of having had the property taken. | ||
There is an additional interim remedy available to parties who have had property wrongfully taken. Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-253/latest/rsbc-1996-c-253.html#sec57_smooth section 57] of the ''Law and Equity Act'', [http://canlii.ca/t/8571 Small Claims Rule 17(18) | There is an additional interim remedy available to parties who have had property wrongfully taken. Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-253/latest/rsbc-1996-c-253.html#sec57_smooth section 57] of the ''Law and Equity Act'', [http://canlii.ca/t/8571 Small Claims Rule] 17(18), and [http://canlii.ca/t/8lld Supreme Court Civil Rule] 10-1, the courts can make an immediate order for the preservation or return of goods, pending a final disposition of the case. This means that the person making the claim may be able to get an immediate order for the return of the goods, on their promise to hold the goods until the matter goes to trial — if it comes to that. Consult a lawyer about the process and the likelihood of success with interim applications. | ||
== Information gathering== | == Information gathering== | ||
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See the other sections on legal actions: | See the other sections on legal actions: | ||
* Fraudulent Conveyances and Fraudulent | * [[Fraudulent Conveyances and Fraudulent Preferences]]
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* Tort | * [[Tort Actions]]
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See related topics: | See related topics: | ||
* Bailiffs, Court Bailiffs and Sheriffs
| * [[Bailiffs, Court Bailiffs and Sheriffs]]
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* Enforcing Judgments Against | * [[Enforcing Judgments Against Chattels]]
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* | * [[Repairers' Liens]]
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* Security | * [[Security Agreements]]
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{{Consumer and Debt Law Navbox|type = | {{Consumer and Debt Law Navbox|type = debt}} | ||
{{Creative Commons for PLS | {{Creative Commons for PLS | ||
