New Mexico Complaint for Conversion of Propert or In the Alternative Replevin
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How to fill out New Mexico Complaint For Conversion Of Propert Or In The Alternative Replevin?
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FAQ
Generally speaking, restitutionary and equitable remedies are not available if legal damages will be claimed by the plaintiff.For example in a conversion (theft) case, the judge may order replevin so that the plaintiff can get their stolen property back.
Replevin seeks the return of property, along with possible damages. It allows for the possible return/possession of the property at a Show Cause hearing, a hearing held before a trial. It is filed in the District Court, regardless of the amount in dispute.
Replevin is a action or a writ issued to recover an item of personal property wrongfully taken. Replevin, sometimes known as "claim and delivery", is an antiquated legal remedy in which a court requires a defendant to return specific goods to the plaintiff at the beginning of the action.
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.
To win a replevin action, you must show that you are entitled to immediate possession of the property. (Note: It is possible to own or have title to property but not have the right to possess it immediately. In that case, you cannot win a replevin action.)
One option you have, aside from filing an answer and raising a valid defense to the request to replevin, is to file for bankruptcy. A bankruptcy action will stop a pending replevin request, and will also help you to get the rest of your finances in order.
An action seeking return of personal property wrongfully taken or held by the defendant. Rules on replevin actions vary by jurisdiction.
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).
78.01 Right of replevin. 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.