How do I recover my property and start guardianship proceedings in North Carolina?

1. Detailed Answer

Recovering Your Property Through Replevin

If someone refuses to return your belongings, you can file a replevin action to recover personal property. Replevin lets you ask the court to order the return of your items and, if needed, award damages for wrongful detention.

Key points:

• You file the claim in your local county clerk’s office or superior court.
• Under N.C. Gen. Stat. § 1-44 to § 1-52 (Replevin Statutes), you may ask the court for a writ of possession. This writ directs the sheriff to seize and return the property.
• If the defendant contests the action, the court holds a hearing. You must prove your right to possession by a preponderance of the evidence.
• After judgment, the court may award damages if the defendant wrongfully detained your property.

Starting Guardianship Proceedings

If an adult cannot manage personal or financial affairs, you may petition the clerk of superior court to appoint a guardian. Guardianship ensures the person’s needs are met and property is protected.

Steps to follow:

• File a petition under Chapter 35A of the North Carolina General Statutes (N.C. Gen. Stat. Chapter 35A).
• Include the proposed ward’s medical reports and a copy of the letters of guardianship if one exists.
• Serve notice on the proposed ward and close relatives at least 10 days before the hearing.
• Attend a hearing before the clerk. The clerk will evaluate evidence of incapacity and will consider less restrictive alternatives, such as a power of attorney.
• If the court finds incapacity, it issues letters of guardianship and approves a plan for the ward’s care and property management.

2. Key Steps at a Glance

• Gather proof of ownership and value for the replevin action.
• File the replevin petition and request a writ of possession.
• Compile medical evidence and financial records for guardianship.
• File the guardianship petition under N.C. Gen. Stat. Chapter 35A.
• Serve all required notices and attend the court hearing.
• Obtain the court’s judgment or letters of guardianship.

Conclusion and Call to Action

Recovering possession of your property and obtaining guardianship are critical steps for protecting your rights and the welfare of a vulnerable adult. At Pierce Law Group, our attorneys guide you through each step under North Carolina law. Contact us today to discuss your situation in detail and move forward with confidence.

Email us at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.