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What is a Spoliation Order?

A person who owns or is using something which is then taken away from them can go to court to get the item returned quickly. They can ask the court for a spoliation order, also called a ‘mandament van spolie’. So, it is an order from the court that an item of property be returned to the person who had peaceful possession of it. It is a useful remedy because it can provide someone in an urgent situation with immediate relief. However, applying to the magistrate’s court for a spoliation order can be quite a complicated process. It will be necessary to get an attorney to help you do this.

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