It happens that the owner, whose property is in the possession of a third party, does not know what measures to take to return his property. Depending on the specific situation, the actions aimed at achieving this goal may be different.
Instructions
Step 1
To avoid problems with the return of your own property, when transferring it to someone, conclude an agreement or secure a receipt. Contracts can be different, depending on the purposes for which the property is transferred: storage, lease, loans, collateral, etc. In the document, stipulate the term for the return of the item, which can be determined by a specific date, period or timed to coincide with the onset of an event.
Step 2
Keep in order the documents that can prove your ownership of the thing. The composition of such documents depends on the type of property and the method of its acquisition. This can be, for example, a sales receipt, a sales contract, a certificate of the right to inheritance, and others.
Step 3
Use the opportunity of self-defense of your rights, which is provided for by Article 12 of the Civil Code of the Russian Federation. This means that to return your property, you can take any action that does not violate the law and is not excessive in a particular situation.
Step 4
If the self-protection of property rights is ineffective, seek help from justice: file a statement of claim. If the dispute is economic and related to entrepreneurial activity, the case will be considered by an arbitration court, otherwise - by a district court, and with a claim price of up to fifty thousand rubles - by a magistrate. For a successful outcome of the case, it is advisable to enlist the help of an experienced lawyer.
Step 5
Keep in mind that you can demand compensation or return of all income that he has derived from the use of your property from the unscrupulous owner during the entire period of ownership; from a bona fide owner - during the time when he should have learned or learned about the illegality of ownership. If it is difficult to determine such a moment, the moment when the bona fide acquirer was served with a summons is taken into account.
Step 6
After the court decision comes into force, get a writ of execution in court and hand it over to the bailiff service, who are obliged to ensure the return of your property.
