What is an action for replevin in respect to property?
Replevin, broadly understood, is both a form of principal remedy and of a provisional relief. As an “action in rem,” the gist of the replevin action is the right of the plaintiff to obtain possession of specific personal property by reason of his being the owner or of his having a special interest therein.
What is a motion for replevin?
An action seeking return of personal property wrongfully taken or held by the defendant. A writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions). Replevin may be ordered as a final judgment, or in some jurisdictions, as a provisional remedy.
What is case type replevin?
Replevin, also known as “claim and delivery,” is an action to recover personal property that was wrongfully taken or detained. Unlike other forms of legal recovery, replevin seeks the return of the actual thing itself, as opposed to money damages (the more commonly-sought after remedy).
What is a replevin complaint?
“Replevin” is a process whereby seized goods may be restored to their owner. In a replevin case, the Plaintiff claims a right to personal property (as opposed to real property/real estate) which has been wrongfully taken or detained by the defendant and seeks to recover that personal property.
Can replevin be used to recover money?
A replevin action is a legal claim that allows the plaintiff to recover personal property or assets. The biggest difference between a replevin action and other lawsuits is that a replevin seeks the recovery of the actual property or asset in question rather than compensatory monetary damages.
What is the right of replevin?
A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal’s custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.
How do you fight replevin?
How to Respond to an Order of Replevin
- Read all of the paperwork that you receive from the court.
- Return the vehicle immediately to the rightful owner.
- Show proof of ownership if you want to dispute the claim.
- Speak with a licensed attorney in your area.
- Show up for the court hearing.