Illinois COMPLaINT-DETINUE is a legal action available in the state of Illinois. It is a hybrid of a complaint and a writ of retinue, which is used to recover personal property. The action is civil in nature and is often used when someone has an immediate need for their property, like when a tenant needs to recover a security deposit. There are two types of Illinois COMPLaINT-DETINUE: an action for damages and an action for repletion. An action for damages seeks money damages for the unjustified withholding of property, while an action for repletion seeks the return of specific property.
Illinois COMPLaINT-DETINUE
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COMPLaINT-DETINUE
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The order for replevin shall require the sheriff, or other officer to whom it is directed to take the property, describing it as in the complaint, from the possession of the defendant, and deliver the same to the plaintiff unless such defendant executes a bond and security as hereinafter provided, and to summon the
Replevin is the legal action you can use to get your personal property back when someone has wrongfully taken it and refuses to give it back. If this happens, you may also recover financial losses as a result of the wrongful taking of property or because you were unable to use the property for a period of time.
A detinue complaint asks the court to issue an order to the debtor or other person in possession to surrender the property directly to the creditor so that it is not necessary to know where the collateral is, only the location of the person in possession.
What is a Default Judgment? A default judgment occurs in Illinois civil cases when the defendant has been properly served with a complaint and summons and has failed to file an answer to the complaint by the first court date or to appear in court for the first court date.
The Complaint: The complaint in replevin typically must include: (i) a description of the property to be replevied; (ii) its value; (iii) its location if known; and (iv) the material facts upon which the claim is based ? in other words, why the filing party is entitled to seize the property that has been taken.
Replevin. A replevin case is used to have the sheriff pick-up the property before the court has a full hearing or trial in the case. In replevin, the court holds a preliminary hearing to see if you, the plaintiff, have proper reasons to have the sheriff get the property.