A personal property demand letter is a document which requests an individual return a piece of personal property to its rightful owner. These letters are considered formal, even to the point where you mention you are considering legal action.
As stated, the personal property demand letter can be used to relate the intention of legal action if the item is not returned. If you do intend to follow up with legal action, then you’ll need to get a licensed attorney to send the letter to the recipient for you. By having a licensed attorney sign and send the letter for you, you’ll stand a better chance of obtaining your item.
Note: Before you begin to compose your personal property demand letter, you must keep in mind that in order this letter to be taken seriously by the recipient, it must be effective. In other words, you’ll need to include only the facts related to the topic, what piece of personal property you’re concerned with, along with what will happen if they refuse to return the item in question.
As for tone, keep the personal property demand letter business-like. In no way should you use a personal, friendly tone. Keep the sentences short and concise. Stick to the facts, and avoid digressing at all costs. The letter needs to come across as a powerful document, not a flimsy, weak bit of fluff.
Personal Property Demand Letter Structure
A good narrative will have a complete framework. This means that you’ll have an introduction, a middle, and a conclusion. A letter such as this is no different. When following this order, you will present a complete document, not an unorganized hodgepodge. In order to help you keep your facts straight, grab a piece of paper and write down all factors involved, such as dates, proof of ownership, photos, and so on.
Introductory Section
This is the introduction. Think of the first paragraph as the foundation for your letter. Here, you’ll introduce yourself and the reason for the letter. Next, you can include some base facts, such as crucial dates. Keep in mind that no two personal property demand letters will be alike, as content relies on the unique circumstances of each case.
Middle Section
The middle section is where you’ll present pertinent details which back up your claims in paragraph one. Remember to keep it simple, you’re not writing War and Peace. Here, you’ll mention any attached files, such as documents, photos, etc. Also, include any details involving money, other people and/or events connected to your case, as well as proof that the item is yours. In short, the middle section of the letter is where you place your evidence.
Concluding Section
This is the last section, so make it count. Be powerful yet polite in tone. Don’t use threats or “bad words”. If your situation resulted in any damages, mention them. Mention the consequences the recipient will incur if they refuse to return your piece of personal property. Always remember that the recipient must be connected to the situation. Assumptions are nothing more than weak bits of circumstantial evidence and won’t hold water if this goes to court.
Tip: While it’s preferable to have your lawyer sign, seal and send the demand for personal property letter, if that’s not an option, then send the letter via certified mail. This way, you’ll obtain a return receipt for your records. Also, if an attorney is not an option you may also consider having the letter notarized.
Personal Property Demand Letter Format
Dear {Name of Recipient},
This letter is in reference to the {Name of Property in Question}, you borrowed on {Date of Event}. Since all previous requests to have my property returned to me in good condition have failed, know that this personal property demand letter is my official request to obtain my property.
I, {Name of Owner} am making my request for the return of my {Item} official, in writing and signed. I am including copies of my proof of ownership below:
– {Type of Evidence #1}
– {Type of Evidence #2}
– {Type of Evidence #3}
To ensure you have enough time, I’m giving you up to 2 weeks notice to reply to my request for return of personal property. If I do not hear from you by {Date of Required Reply}, I will begin legal action. Not only do I request the return of {Item}, it must also be in excellent condition. If not, you are required to pay for repairs. Finally, you are also responsible for all legal fees involved.
Sincerely,
{Name of Rightful Owner}
Personal Property Demand Letter Sample
Dear Ms. Peach,
This letter is in reference to the John Deere S100, riding lawn mower you borrowed from the household of Murray Dinkins on 3/31/2020. After numerous attempts to retrieve the mower have failed, this is to notify you that this letter serves as an official attempt to have the mower returned to me.
I, Murray Dinkins of Chicago, Illinois am officially requesting the return of my lawn mower ASAP and in good condition. I am enclosing the following files which prove legal ownership of the lawn mower is myself:
– Copies of warranty, receipt
– Eye witness testimonials that it is my mower
– Photo of my John Deere S100 serial or product identification number
– Copy of my John Deere registration which includes my receipt and serial number
– Social media photos taken on the day of purchase with the mower on my property
As you can see, my proof of ownership is provided by my John Deere registration which includes the S100’s PIN number. Thus, my ownership cannot be disputed.
As a show of good faith, I’m providing you with 2 week notice as of 2/24/2021 to reply to this personal property demand letter. If I do not hear from you during that time, I will initiate legal action against you. I request that you return my John Deere S100 at your expense, if any. Legal action will not only demand the return of my John Deere S100, but also demand you pay for all legal fees incurred. Finally, know that if my John Deere S100 is damaged in any way, you are responsible for the repairs.
Sincerely,
Murray Dinkins
Personal Property Demand Letter (Word Template)
Tips for Writing a Personal Property Demand Letter
- Stay on course, stick to the facts, no elaboration or assumptions
- Make certain your demands are clearly stated
- Include a statement describing why you no longer have the item
- Make certain that any consequences are clearly stated
- Provide proof that the item was yours in the first place
- The letter should be signed, sealed, and sent by your lawyer
- Do not threaten the recipient
- Do not slander the recipient
- Prep before you write, which means making notes of important elements beforehand
- Be specific, leave no room for assumptions on the part of the recipient
- Attach all files that back up your claim to the letter
- Proofread and edit
Conclusion
As can be seen, writing a personal property demand letter is not as difficult as it first seems. As long as you remember the basics such as the inclusion of facts, evidence and your intent to take the matter to court or not, is a solid start. You can use your attorney to sign, seal and send the letter. If not, then make certain that you send your letter certified in order to obtain a return receipt for your records. Finally, remember to proofread and edit your letter, to ensure there are no errors. By taking the proper precautions, you are well on your way to create a powerful personal property demand letter.
