Getting an asset back rather than being paid for it.
Esshaki Legal Media TeamCurrent as of December 2025
Where a party wants the property itself, several procedures deliver possession
rather than damages.
Replevin or claim and delivery. A statutory action to recover specific
personal property wrongfully detained. Most statutes permit pre-judgment
possession on a showing of probable validity, notice and a hearing, and a bond,
with the defendant able to retain possession by posting a redelivery bond.
Demand. Where the original possession was lawful — a bailee, a lessee, a
departing employee holding equipment — a demand for return is generally required
before the detention becomes wrongful.
Self-help repossession of collateral is permitted under the commercial code
without judicial process if it can be done without breach of the peace, a
standard that is assessed practically and is easily breached by confrontation,
by entering a closed structure, or by involving law enforcement in a manner that
suggests compulsion.
Conversion as the damages alternative, measured by the value of the
property.
Constructive trust and equitable lien where property is traceable and the
defendant’s retention would be unjust.
Practical considerations. Identify the property specifically, establish
ownership or the right to possession with documents, and act quickly — property
disappears while the parties correspond.