What legal avenue do i need to pursue in order to take back possession of my piano that remains in her house?
My answer is easy, compared to what is required for it to come to fruition in your favor.
You'll probably need to hire a lawyer to seek a Writ of Replevin against the party illegally holding your piano HOSTAGE.
CIVIL PRACTICE AND REMEDIES CODE CHAPTER 61. ATTACHMENT
Replevin is the legal action you can use to get your personal property back when someone has wrongfully taken it and refuses to give it back. If this happens, you may also recover financial losses as a result of the wrongful taking of property or because you were unable to use the property for a period of time.
Replevin requires you to file in a court of law. If you file a lawsuit in court, you become the Plaintiff and the person you are suing becomes a Defendant.
When the defendant fails to replevy the property within ten days after the levy of the writ and service of notice on defendant, the officer having the property in possession shall at any time thereafter and before final judgment, deliver the same to the plaintiff upon his giving bond payable to defendant in a sum of money not less than the amount fixed by the court's order, with sufficient surety or sureties as provided by statute to be approved by such officer. If the property to be replevied be personal property, the condition of the bond shall be that he will have such property, in the same condition as when it is replevied, together with the value of the fruits, hire or revenue thereof, forthcoming to abide the decision of the court, or that he will pay the value thereof, or the difference between its value at the time of replevy and the time of judgment (regardless of the cause of such difference in value, and of the fruits, hire or revenue of the same in case he shall be condemned to do so). If the property be real estate, the condition of such bond shall be that the plaintiff will not injure the property, and that he will pay the value of the rents of the same in case he shall be condemned to do so.
On reasonable notice to the opposing party (which may be less than three days) either party shall have the right to prompt judicial review of the amount of bond required, denial of bond, sufficiency of sureties, and estimated value of the property, by the court which authorized issuance of the writ. The court's determination may be made upon the basis of affidavits, if uncontroverted, setting forth such facts as would be admissible in evidence; otherwise, the parties shall submit evidence. The court shall forthwith enter its order either approving or modifying the requirements of the officer or of the court's prior order, and such order of the court shall supersede and control with respect to such matters.
Tex. R. Civ. P. 708
Rule 708 - Plaintiff May Replevy, Tex. R. Civ. P. 708 | Casetext Search + Citator
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If you are not being allowed into your residence (or former residence), you can apply for a writ that lets you enter with a peace officer to get specific personal items. This also applies if you are trying to get unique items that belong to your dependent (like your child).
See Texas Property Code 24A.002(a).
You might also hear/read/see the writ references as Writ of Retrieval.
WRIT OF RETRIEVAL
If a person is unable to enter a residence or former residence to retrieve property belonging to the person or the person's dependent because the current occupant is denying the person entry, the person may apply to the Justice Court for an order authorizing the person to enter the residence, accompanied by a peace officer, to retrieve specific items of personal property according to the Texas Property Code Section 24A.002.
The applicant, under oath, must certify that the applicant or the applicant's minor dependent requires personal items located in the residence that is only of the following types:
medical records
medicine and medical supplies
clothing
child-care items
legal or financial documents
checks, bank info or credit cards in the name of the applicant
employment records
personal identification documents
copies of electronic records containing legal or financial documents
assistance or service animals used by applicant or their dependents
applicants' tools, equipment, books, and apparatus used for applicant's trade or profession
If the Judge grants the application, a bond will be set, a hearing date and time will be issued and the occupant will be served by the Constable with notice of the hearing.
To determine the venue for your case, refer to the Texas Property Code Section 24A.002. Please visit Texas Constitution and Statutes website.
