Complaint Replevin Form With Action In Virginia
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§ 8.01-121. The defendant shall have the election of paying the amount of such judgment or surrendering the specific property. The court may grant the defendant a reasonable time not exceeding thirty days, within which to make the election upon such security being given as the court may deem sufficient.
Federal Rule of Civil Procedure Rule 64 provides that replevin is a remedy for civil cases in federal courts, regardless of whether state procedural rules require separate actions for replevin.
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.
Replevin is one of a group of remedies for conversion, the wrongful taking or withholding of personal property.
Replevin (sometimes referred to as Claim and Delivery) is an effective legal remedy used throughout the United States. In its simplest terms, replevin is a procedure whereby seized goods are restored to their owner (creditor) at the beginning of a lawsuit.
The process of starting a replevin action usually begins with filing a complaint. It also requires filing an affidavit in the county or district court where the property is. The affidavit: States that the plaintiff claims rightful ownership or entitlement to possession of the property.
If you choose to file a lawsuit without an attorney, you first must go to the offices of the Clerk of the GDC in the city or county where: • the defendant lives, is employed or has a regular place of business; • the incident upon which your claim is based took place; or, • if the defendant is a corporation, its ...
Replevin is the common law cause of action for recovering personal property wrongfully withheld from its rightful owner. This is more commonly associated with personal chattels. Chattels are personal possessions. It's important to understand the potential applications of replevin in a broad range of scenarios.
