Getting back property held as collateral after an informal crash deal

Attorney Answer

Ask for the camera back in writing, and ask for the camera itself, not money. If the other driver refuses, Florida law lets you go to court to recover personal property someone is wrongfully holding, along with damages for the time it was held. Whether keeping it is wrongful depends on what the two of you agreed: if the camera secured payment for damage that the insurance claims have now covered, the reason to keep it may be gone; if the other driver says something under your private deal is still owed, the dispute is about that agreement.

Refusing to return property can be conversion. A Florida appeals court has described conversion as an unauthorized act that deprives another of property permanently or for an indefinite time, and has held that it can be shown by a demand for the property and a refusal: Mayo v. Allen, 973 So. 2d 1257 (Fla. 1st DCA 2008). The owners in that case lost, in part because their letter asked for a money settlement rather than the return of the property, so it was not a demand at all. Ask for the camera.

When a refusal may be justified. Not every refusal is conversion. A Florida appeals court applied the principle that a holder's refusal avoids conversion only if it rests on a disclosed reason that asserts no claim inconsistent with the owner's rights, and the holders in that case lost: Goodrich v. Malowney, 157 So. 2d 829 (Fla. 2d DCA 1963). If the other driver says money is still owed under your private deal, whether that justifies keeping the camera turns on what you actually agreed and on whether insurance has now paid for the damage the camera was meant to secure.

Going to court. Fla. Stat. § 78.01 provides:

Any person whose personal property is wrongfully detained by any other person or officer may have a writ of replevin to recover said personal property and any damages sustained by reason of the wrongful taking or detention as herein provided.

Depending on the camera's value, a claim like this can often be brought in small claims court.

What you can do

1. Send the other driver a short written request, by text or letter, asking for the camera itself by a reasonable date, and keep a copy.

2. Keep every message about the deal you made at the scene and about the camera.

3. Keep both insurers' claim numbers and any payment records; they show whether the damage the camera secured has been paid.

4. If the other driver still refuses, ask a Florida lawyer, or the clerk's office for small claims, about filing to recover the camera.

5. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Florida attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. Fla. Stat. § 95.11(3) sets a four-year period for, among others:

(g) An action for taking, detaining, or injuring personal property.

(h) An action to recover specific personal property.

The period runs from when the claim arose, which a lawyer can pin down with you — no page can compute it for you.