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Writ of Replevin: ... This type of writ is commonly used to take property from an individual wrongfully in possession of it and return it to its rightful owner.

Replevin Laws Replevin actions are typically initiated when a person serves papers showing why he or she has a claim in the property -- in which case a sheriff seizes the property and delivers it to the person claiming rights to it until a hearing is held. ... The place where the "cause of action" or dispute occurred.

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.

Replevin allows a defendant to recover their personal property lost via a personal injury tort such as conversion. ... Detinue is similar to replevin, but there is a major difference between the two. Replevin is based on a wrongful taking, while detinue was based on wrongful holding or retaining of the property.

Replevin: Replevin allows the victim to recover personal property that they may have lost due to the tort. ... Replevin can be coupled with legal damages in some cases. Ejectment: This is where the court ejects a person who is wrongfully staying on real property owned by the plaintiff.

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.

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.

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).

In a replevin case, the bank seeks a court order to recover possession and to take delivery of the mortgaged car. The court shall issue an order and the corresponding writ of replevin, describing the car alleged to be wrongfully detained and requiring the sheriff forthwith to take such property into his custody.

Procedure for a Small Claims Court Lawsuit Generally, a lawsuit begins with the filing of a complaint that describes the defendant's alleged conduct and the amount of money you believe the defendant owes you. States differ, but usually you must file your suit in the county in which the defendant resides.

How Does Small Claims Court Work? Small claims court claims are brought upon a party by filing a claim at the local courthouse. The filing will require the name of the defendant, a description of the incident, any proof that exists, and other pertinent information demanded by your respective court.

How long does it take for a small claims court case to be resolved? From when you file with the clerk, it takes about sixty days until your court date. You'll know right away, since the date is on the paperwork. You can probably even ask the clerk to aim at a date that works better for you.

Although small claims courts can hear most types of civil cases, such as contract disputes and personal injury claims, most courts do not hear family law cases, such as those involving child support, or probate cases.

If you do not go to a small claims hearing, the creditor will win automatically by default . The plaintiff will get a judgment for the amount of money they asked for in the complaint. You can get a copy of the judgment from the court. ... Your credit report will show you owe this money for the next 7 years.

Try to settle the dispute outside of court. ... Contact the county clerk in the small claims court district closest to the residence or business of the person you are suing. ... Fill out a complaint form, otherwise known as a "Statement of Claim" at the clerk's office, and pay the filing fee.