High-Value Personal Property Litigation
Top-Rated Estate Planning Litigation Attorneys
At Antonoplos & Associates, our District of Columbia high-value personal property litigation lawyers recognize the importance of high-value personal property. Furthermore, our attorneys have over 20 years of experience working with clients to quickly enforce your rights so that you can protect your personal property.
What is Personal Property
There are two types of property—real property and personal property. Real property refers to land or real estate. On the other hand, personal property is any property other than real estate and is distinguished from real property because it is movable. Examples of high-value personal property include luxury cars, yachts, cranes, mechanical and industrial equipment, aircraft, animals, and specialty collector watches, wines, or handbags. While these are common examples of financially and emotionally valuable property, certain businesses may have different definitions of personal property because certain items may be tailored to fit their specific business needs.
How Do Disputes Arise
Because of the many different types of personal property, disputes may arise in many ways. However, there are different legal obligations depending on if the piece of property was abandoned, lost, stolen, hidden, or found.
Theft or Damage
One of the most common causes of litigation regarding personal property is when a high-value object has been stolen or damaged. Additionally, someone may be falsely accused of stealing or damaging personal property and they need to have their interests defended.
Gifts and Loans
Another common cause of disputes is when one party believes that someone gave them personal property as a gift. However, the owner of the property was merely lending the person the object with the intention of getting it back.
Sales
The sale of personal property can also involve the failure to make necessary payments, disputes regarding what the agreed value of the property is, or disputes regarding the duration of the possession in cases of leases, pledges, or mortgages. No matter which issue you encounter, the root cause of the issue is that the contract relating to the transaction was breached by one or both parties. Furthermore, certain industries have customs that only those with experience in the industry would be able to comprehend. In these cases, this characteristic also affects the influence of legal disputes.
Finders and Possessory Claims
When dealing with personal property, one finding high-value property will not automatically be considered the owner of the property. When dealing with property that was found, there are a few things that you must consider. These considerations include whether one is the true owner, finder, or occupier of the personal property, the parties intentions in relation to the personal property, whether the finder was trespassing, whether the finder was in an employer-employee relationship, and whether the personal property is attached to property, and whether the finder fulfilled various legal duties.
Capacity & Undue Influence
When transferring personal property, it must be done so willingly, voluntarily, and between entities that have the capacity to understand the actions that they are taking. Capacity is dynamic and may be slightly different for individuals in different situations. Furthermore, just because someone has capacity currently, does not mean they always had capacity. Undue influence commonly arises when there is a significant power imbalance in a relationship. Additionally, one of the individuals is in a particularly vulnerable state. Vulnerable states may include weakness, depression, or overly susceptible to influence. Finally, instances of coercion, or where one party was purposefully misleading the other party.
If one of these issues occurs, you must consider whether one or both parties received independent legal advice. Additionally, if either party’s decision was made spontaneously or if the parties had time to consider the deal. Finally, if the decision to go through with the transaction was made independently or jointly.
Remedies
In legal disputes involving personal property, monetary compensation is typically the first remedy that the negatively affected party seeks. Additionally, monetary compensation will also be awarded against an individual that breaks or otherwise wrongly interferes with the value of the property.
Another common remedy is for the courts to order the sale of the high-value property in question. The reason for this remedy is that this will prevent an individual from using, selling, or destroying personal property. Hiring a District of Columbia high-value personal property litigation attorney is vital to achieving any of these remedies.
Why Choose Antonoplos & Associates?
What makes Antonoplos & Associates group of Washington, D.C. high-value personal property litigation attorneys so successful is that we expertly evaluate the merits of your dispute by listening to the specific issues you are facing, perform our own outside research on the issue, and then directly work with you to determine how to best prosecute or defend against a claim.
We encourage you to call us at 202-803-5676 or directly schedule your free, no-risk consultation with one of our skilled attorneys today.
All Phases of Business Litigation.
Preparing for a Deposition
If litigation is necessary, below are a few ways to prepare for possible depositions arising from this process:
- Share all concerns and pertinent details with your attorney ahead of time.
- Review all important documents. These will include anything drafted and signed, petitions and answers, and deposition transcripts.
- Know where to go, what time to go, and how to get there.
- Know what to bring.
- Know the ground rules: Tell the truth
- Listen to and consider each question carefully
- Do not volunteer information
- Do not let attorneys put words in your mouth
- Review all documents before discussing them
- Do not be afraid to say that you do not know or do not understand something
- Do not feel pressure to keep talking
- Ask for breaks
- Leave your cell phone in the car
- Do not pass any notes to your attorney in the middle of a discussion
- Do not speak to your attorney in the middle of a discussion
Running a successful business depends on receiving the expected compensation for your goods and services.
While every business attempts to offer their clients the best product they can provide, not every client will hold up their obligation to pay for these goods or services. In certain cases, you may be dealing with other business entities who is simply poorly organized and slow to make payments because they do not have the staff or infrastructure to run smoothly.
In other cases, an individual or company may be experiencing a loss of revenue, juggling other debt, and prioritizing financial obligations in a manner that does not benefit your company. Further, in more serious cases, a customer or vendor may deny payments because of an alleged contractual failure or because they are entirely insolvent, dissolving, or already in bankruptcy.
How you approach collecting these past-due debts will depend on a number of relevant factors. At Antonoplos & Associates, our Washington, D.C. business litigation attorneys will be able to assess your individual situation, advise you on how to proceed, and if litigation is your best course of action, represent you before, during, and after the trial.
Assessing the Value of Debt
There is much more you must do to accurately assess the true value of outstanding debt than simply looking at unpaid invoices. When attempting to collect past due debt, you should first be considering the likelihood and expense attached to actually collecting these debts. After listening to the facts of your case, the business litigation attorneys at Antonoplos & Associates will assess both the debtor’s cash flow and assets. This process allows us to determine which debt to pursue first along with how much time and money you should invest in these efforts.
In certain scenarios, settling for partial payment of the debts may turn out to be more profitable than turning to litigation for full payment. In other cases, where there is reason to assume that the debtor has liquid resources capable of making the payment if pressure is applied, a lawsuit may be the best approach.
Judgment Collection Litigation Stages
Once a debt is contractually past due, you have the ability to try and reach a settlement or proceed with litigation. It is a common misconception that once you file a lawsuit, you lose your ability to negotiate a settlement with the debtor. The opposite is true in fact, as starting the litigation process may help push the debtor to pay their outstanding obligations.
Judgment Collection Negotiations
The likelihood of winning the judgment and collecting against this judgment are the most significant factors you must consider when deciding whether to negotiate a settlement or pursue litigation.
For example, if your attorney feels that you may have a difficult time proving your claim or if the debtor does not have the assets or income to pay the debt, it may be best to try and reach a settlement.
Judgment Collection Litigation
If you cannot reach a settlement with the debtor, your next step will be to try to obtain payment through mediation, arbitration, or formal litigation. Median and arbitration are forms of alternative dispute resolution. The main difference between these two legal remedies is that a ruling given in mediation is non-binding while a ruling given in arbitration is legally binding. To avoid court fees and a prolonged trial, many companies attempt to collect debts through a form of alternative dispute resolution before pursuing traditional litigation. In other cases, a contract may require that parties utilize one of these remedies before taking the case to court.
If the parties do not employ an alternative dispute resolution process, or if mediation or non-binding arbitration fails, you will proceed to a full trial.
Judgment Collection Trials
Though debt collection may seem straightforward and simple, a small procedural oversight may be all it takes to invalidate your claim. For example, only certain employees may be able to offer legally admissible testimony pertaining to the amount and validity of the debt or payment history. Additionally, you may have to thoroughly reflect counter-claims regarding breach of contract or other issues on your part that would remove or mitigate the debt owed to you.
Post Litigation Collections
Just because a court ruled in your favor does not guarantee that you will receive payment. Instead, a judgment is simply a legal declaration that the debtor does in fact owe you money. While a judgment opens up opportunities for collection, such as garnishment or seizure of assets, those remedies do not occur automatically. An attorney familiar with collection litigation procedures will play a key role in facilitating collection on your judgment.
Trial Lawyers with Real Results
At Antonoplos & Associates Attorneys at Law, our Washington, D.C. business litigation lawyer’s main focus is to help our clients win their case and avoid costly and time-consuming litigation. However, if litigation is necessary to resolve a dispute, we have experience in traditional court procedures and processes as well as alternative dispute resolution such as mediation and arbitration. With two decades of business litigation experience, our group of Washington, D.C. business litigators have the knowledge and experience required to work through a variety of business litigation issues, no matter what industry your corporation specializes in.
At Antonoplos & Associates, our District of Columbia high-value personal property litigation lawyers recognize the importance of high-value personal property. Furthermore, our attorneys have over 20 years of experience working with clients to quickly enforce your rights so that you can protect your personal property.
What is Personal Property
There are two types of property—real property and personal property. Real property refers to land or real estate. On the other hand, personal property is any property other than real estate and is distinguished from real property because it is movable. Examples of high-value personal property include luxury cars, yachts, cranes, mechanical and industrial equipment, aircraft, animals, and specialty collector watches, wines, or handbags. While these are common examples of financially and emotionally valuable property, certain businesses may have different definitions of personal property because certain items may be tailored to fit their specific business needs.
How Do Disputes Arise
Because of the many different types of personal property, disputes may arise in many ways. However, there are different legal obligations depending on if the piece of property was abandoned, lost, stolen, hidden, or found.
Theft or Damage
One of the most common causes of litigation regarding personal property is when a high-value object has been stolen or damaged. Additionally, someone may be falsely accused of stealing or damaging personal property and they need to have their interests defended.
Gifts and Loans
Another common cause of disputes is when one party believes that someone gave them personal property as a gift. However, the owner of the property was merely lending the person the object with the intention of getting it back.
Sales
The sale of personal property can also involve the failure to make necessary payments, disputes regarding what the agreed value of the property is, or disputes regarding the duration of the possession in cases of leases, pledges, or mortgages. No matter which issue you encounter, the root cause of the issue is that the contract relating to the transaction was breached by one or both parties. Furthermore, certain industries have customs that only those with experience in the industry would be able to comprehend. In these cases, this characteristic also affects the influence of legal disputes.
Finders and Possessory Claims
When dealing with personal property, one finding high-value property will not automatically be considered the owner of the property. When dealing with property that was found, there are a few things that you must consider. These considerations include whether one is the true owner, finder, or occupier of the personal property, the parties intentions in relation to the personal property, whether the finder was trespassing, whether the finder was in an employer-employee relationship, and whether the personal property is attached to property, and whether the finder fulfilled various legal duties.
Capacity & Undue Influence
When transferring personal property, it must be done so willingly, voluntarily, and between entities that have the capacity to understand the actions that they are taking. Capacity is dynamic and may be slightly different for individuals in different situations. Furthermore, just because someone has capacity currently, does not mean they always had capacity. Undue influence commonly arises when there is a significant power imbalance in a relationship. Additionally, one of the individuals is in a particularly vulnerable state. Vulnerable states may include weakness, depression, or overly susceptible to influence. Finally, instances of coercion, or where one party was purposefully misleading the other party.
If one of these issues occurs, you must consider whether one or both parties received independent legal advice. Additionally, if either parties decision was made spontaneously or if the parties had time to consider the deal. Finally, if the decision to go through with the transaction was made independently or jointly.
Remedies
In legal disputes involving personal property, monetary compensation is typically the first remedy that the negatively affected party seeks. Additionally, monetary compensation will also be awarded against an individual that breaks or otherwise wrongly interferes with the value of the property.
Another common remedy is for the courts to order the sale of the high-value property in question. The reason for this remedy is that this will prevent an individual from using, selling, or destroying the personal property. Hiring a District of Columbia high-value personal property litigation attorney is vital to achieving any of these remedies.