In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff, and the defendant claim a return thereof judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot be had, and damages for taking and withholding the same.
§ 667.Judgment In Action to Recover Personal Property
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 8. The Manner of Giving and Entering Judgment · Last amended 1983 · Last verified July 28, 2026
In one sentenceSection 667 lets a plaintiff who sues to recover personal property get judgment for possession or its value plus detention damages, and lets a defendant who already received the property and seeks its return get judgment for that return or its value plus damages for the taking and withholding.
Full Text of § 667
Plain-English Summary
This section covers judgments in actions to recover specific personal property. A prevailing plaintiff's judgment can order the property's possession, or, if delivery isn't possible, its value instead, plus damages for however long the defendant detained it.
The same logic runs the other way. If the property was already delivered to the plaintiff during the case and the defendant claims it back, a prevailing defendant's judgment can order the property's return, or its value if return isn't possible, plus damages for the taking and withholding.
Frequently Asked Questions
What can a plaintiff recover in an action to recover personal property?
Possession of the property, or its value if delivery can't be had, plus damages for its detention.
What if the property was already delivered to the plaintiff and the defendant wins?
Judgment for the defendant can order the property's return, or its value, plus damages for the taking and withholding.
Amendment History
Amended by Stats. 1982, Ch. 497, Sec. 37. Operative July 1, 1983, by Sec. 185 of Ch. 497.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: judgment recovery of personal property california