Recovery of Goods: Difference between revisions
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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. | ||
A range of circumstances give legal rights to take or keep property; those circumstances are discussed throughout this publication. For example, secured creditors can repossess property that is the subject of a security agreement when the debtor defaults on payment, court bailiffs can seize the assets of a judgment debtor under an order for seizure and sale, and repairers have lien rights to keep the chattels (personal, moveable possessions) of a debtor until payment is made for the repair services. | A range of circumstances give legal rights to take or keep property; those circumstances are discussed throughout this publication. For example, secured creditors can repossess property that is the subject of a [[Security Agreements|security agreement]] when the debtor defaults on payment, [[Bailiffs, Court Bailiffs and Sheriffs|court bailiffs]] can seize the assets of a judgment debtor under an order for seizure and sale, and [[Repairers' Liens|repairers have lien rights]] to keep the chattels (personal, moveable possessions) of a debtor until payment is made for the repair services. | ||
=== The legal right to take or keep property === | === The legal right to take or keep property === | ||