Unfortunately, the saying “possession is 9/10 of the law” is true. Unless someone can prove they own something, they may not be able to successfully get their property back. The good news is with receipts and bank statements being saved electronically it should not be hard to remember when an item was purchased in order to prove it was bought by its rightful owner.

Before writing the demand, it’s best to perform a search of the laws in your State if the property is able to be contested. For example, an engagement ring is considered a “conditional gift” in most States, although, if given on “special days” such as a birthday, Christmas, or Valentine’s day it becomes the property of the receiver.

When writing the demand letter, it’s best to describe the story of how the item became in the possession of the other person or entity. The demand letter may used as evidence in court, therefore, the description of events must be as specific and descriptive with attachments and exhibits to be used as sources.

After the demand is written, it’s best to use as many sources as possible to prove that it is, in fact, the owner’s property. Eyewitness accounts from friends and family can be used as testimonies to support the person’s claim.

The demand should be sent by Certified Mail with Return Receipt. This verifies to the person currently in possession of the property that they have been served with an official notice which can be used in court at a later time.

If the person in possession of your property refuses to give up the property, the only recourse will be for the owner to make a claim in their local court. For higher valued items, an attorney is always recommended. For items less than that, specifically below $5,000, it’s best to go through the local Small Claims Court (See State Maximum Amounts).