main image

Demand Letter to Return Property (Free Template)

Camila Lopez - Demand Letter - February 26, 2024

Ready to create your free demand letter using our demand letter tool?

Start Demand Letter

Contents

    If you believe that your property has been wrongfully taken or withheld from you, writing a demand letter can be an effective way to request the return of your property. In this article, learn how to write a demand letter requesting the return of your property, see a sample demand letter, and learn about what you can do after sending a demand letter. 

    Did you know we have a free tool powered by AI that helps you create a demand letter to get your property returned? Check out our demand letter tool.

    Common Reasons to Send a Demand Letter to Return Property 

    • Your ex took your dog, and you want them to return your dog. 

    • You lent your car to someone, but they never returned it. 

    • Your roommate moves out and takes furniture that belongs to you. 

    • Your landlord illegally locks you out and doesn’t return your personal belongings to you.  

    If you are looking for a demand letter to send to someone for damaging your property, check out our article on demand letter for property damage instead. 

    Why is a Demand Letter to Return Property Important?


    A simple and effective way to ask for your property is to send a well-crafted demand letter. The letter should state that you want your property returned within a specific deadline. 

    Here are at least five reasons why you should send a demand letter to return property before taking legal action: 

    1. Depending on the state you are filing a lawsuit in, you may be required to demand payment from the other party before filing. For example, in California, small claims court demanding payment is a requirement. 

    2. A demand letter can help you better organize your case. If you end up filing a lawsuit, you will need to make a concise claim and prove your case to a judge. Writing a demand letter will help you think through every aspect of your case, including the important facts, your legal arguments, and the evidence you'll need to prove your claim. With a demand letter, you will be prepared for litigation even before you file a lawsuit. 

    3. A demand letter signals to the person that took your property that you are serious about resolving the dispute and that you are willing to take action. 

    4. Sending a written demand letter assures you there is a record of your attempt to settle. So while demands can be made orally, we recommend making any demands in writing. Writing a letter can sometimes be very effective as it is a more formal way of demanding your property back. 

    5. The most important reason to send a demand letter is that it may lead to you receiving your property back without legal action.  

    Do I Need to Hire an Attorney to Write a Demand Letter to Return Property 

    There is no formal requirement that states you need a lawyer to write your demand letter. You can do it on your own

    However, you may want to consider the following factors when deciding to hire a lawyer to write a demand letter: 

    • Cost. One of the first things you should consider is the cost of hiring a lawyer to write a demand letter. 

    • The complexity of your case. Property can be taken under different circumstances. For example, through fraud or misrepresentation. If your case is more complex than just a roommate taking your PS4, it may be worth reaching out to a lawyer to help you understand what claims you may have.

    Learn about the pros and cons of using an attorney to write a demand letter

    What to Include in Your Demand Letter 

    Below are suggestions on important elements to include in your letter: 

    • Make sure to include background facts describing the property and how it was taken. Identify the property you are seeking to have returned and provide any relevant details, such as the date the property was taken or withheld.

    • Only make claims that are legally correct. For example, don’t write you can press criminal charges for theft unless you are sure under your state laws that the other person’s actions actually amount to theft. If you have any doubts about legal claims you wish to make in your demand letter, consider reaching out to an attorney. 

    • Explain your ownership rights to the property. If you have a legal right to the property, explain the basis of your claim. This may include providing proof of ownership, such as a bill of sale, receipt, or registration document.

    • State how the property can be returned. For example, can the other person simply bring the property to the mailing address you provide, or should they drop it off at a drop-off point?

    • Include a deadline and intent to sue language. You may want to consider giving the other person 14 days to respond to you and state that if they do not respond within that time, you intend to sue them. 

    Once you have sent your demand letter, keep it in your records. In the event you do end up filing a small claims lawsuit, you can bring it to the hearing and show it to the judge. This is especially handy if the other person claims they didn’t know you wanted your property back. 

    Sample Demand Letter to Return Property 

    Did you know we have a free tool powered by AI that helps you create a demand letter to get your property returned? Check out our demand letter tool.

    Here is a video on how our demand letter tool works:

    Below is a sample demand letter. This sample demand letter is for the return of a vehicle but can be used for other types of property. When using this sample, make sure to include facts that relate directly to your situation

    How to Send a Demand Letter to Return Property 

    We recommend sending your demand letter in a way that ensures that it was delivered. This way, you know that the other party received your letter. If you later need to escalate to court, you can provide this evidence to the judge.

    • Sending the letter via email: if you send the letter via email, you will want to use a software that tells you whether the other party received your email and opened it. With our demand letter tool, you can track whether your email was delivered and opened. Check out our demand letter tool.

    • Sending the letter by mail: you will want to obtain tracking information for your demand letter to have proof of delivery. In my experience, it tends to be difficult to obtain signature confirmation at delivery as many individuals will avoid signing for mail or they will sign illegibly. However, many times a demand letter tends to be presumed delivered as long as the letter was mailed to a known address and tracking states that it was delivered. Pro Tip: I have also learned that USPS tends to not be the most reliable at providing tracking information as they fail to finish scanning the letters at delivery. You will want to be prepared to use FedEx or send multiple letters via USPS. With our demand letter tool, you can mail your demand letter and obtain tracking. Check out our demand letter tool.

    If I were sending a demand letter, I would email and mail the letter. Mailing the letter is a more formal approach and you may be taken more seriously.

    What to Do After Sending a Demand Letter to Return Property 

    Besides sending a demand letter to return property, consider trying to get your personal belongings back legally using some of the following methods: 

    • File a police report for theft. The police can investigate the theft and help you get your personal belongings back. Keep in mind that they may not consider the situation to be theft. 

    • Request a civil standby. Most police departments allow people to request that a police officer accompany them when they attempt to get their property back.  

    • File an insurance claim. If you have an insurance policy that covers theft, you may be able to file an insurance claim if someone has your stuff and won’t give it back.

    • Sue the person who took your stuff in small claims court. Generally, you are able to sue someone to get your property back in small claims court. Please note, not all small claims courts have the power to make someone do something. Instead, you may have to sue for the value of your property. 

    Did you know we have a free tool powered by AI that helps you create a demand letter to get your property returned? Check out our demand letter tool.

    Author

    Camila Lopez

    Legal Educator @ People Clerk. Camila holds a law degree and is a certified mediator. Her passion is breaking down complicated legal processes so that people without an attorney can get justice.

    Subscribe for Small Claims Tips