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Iowa Original Notice And Petition For Replevin

Replevin Action Iowa

Name: Iowa Original Notice And Petition For Replevin
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.59 (498 reviews)

Category:

Iowa Statewide - District Court - Small Claims

State:

Iowa

Control #:

IA-SKU-0632

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Description

Original Notice And Petition For Replevin Iowa Original Notice And Petition For Repletion is a legal process used by a plaintiff to recover personal property from a defendant. It is initiated by the filing of a Petition for Repletion in the county court where the property is located, followed by a Notice of Repletion sent to the defendant. The Petition for Repletion must include the name of the plaintiff, a description of the personal property, the date and time of the taking, the name of the defendant, and the legal basis for the repletion action. After service of the Notice of Repletion, the defendant must answer the Petition within 15 days. The Answer must include the defendant's claim to the property and any counterclaims. There are two types of Iowa Original Notice And Petition For Repletion: Standard Repletion and Summary Repletion. Standard Repletion requires a full trial with evidence and witnesses and is usually used when the property is of significant value. Summary Repletion is a simplified version of the Standard Repletion process and does not require a full trial. It is usually used when the value of the property is minimal.

Iowa Original Notice And Petition For Repletion is a legal process used by a plaintiff to recover personal property from a defendant. It is initiated by the filing of a Petition for Repletion in the county court where the property is located, followed by a Notice of Repletion sent to the defendant. The Petition for Repletion must include the name of the plaintiff, a description of the personal property, the date and time of the taking, the name of the defendant, and the legal basis for the repletion action. After service of the Notice of Repletion, the defendant must answer the Petition within 15 days. The Answer must include the defendant's claim to the property and any counterclaims. There are two types of Iowa Original Notice And Petition For Repletion: Standard Repletion and Summary Repletion. Standard Repletion requires a full trial with evidence and witnesses and is usually used when the property is of significant value. Summary Repletion is a simplified version of the Standard Repletion process and does not require a full trial. It is usually used when the value of the property is minimal.

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FAQ

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 is a legal action to regain rightful possession of goods or personal property. It is not an action for damages, but the court ?shall also award damages? for cost incurred due to the wrongful possession of the property. Iowa Code § 643.17.

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.

Rule 1.302(6) If service of the original notice is not made upon the defendant, respondent, or other party to be served within ninety (90) days after filing the petition, the court, upon motion or its own initiative after notice to the party filing the petition, shall dismiss the action without prejudice as to that

Noun. They are represented by lawyer Timothy J. Conlon, who is also representing other former students in a complaint and writ of replevin against Thomas in Washington County Superior Court.

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 monetary damages (the more commonly sought-after remedy).

Creditors use replevin actions to recover collateral when debtors default on secured loans. For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments.

Replevin, also called revendication, a form of lawsuit in common-law countries, such as England, Commonwealth countries, and the United States, for return of personal property wrongfully taken and for compensation for resulting loss. Replevin is one of the oldest legal actions, dating to the 14th century.

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Filing a replevin or detinue requires four steps: 1. In a replevin action, the court will first hold a show cause hearing to determine who is entitled to temporary possession of the property.When you file your Complaint for Writ if Replevin, a hearing will be scheduled and the court will issue a notice for service upon the defendant. Most forms used in the District Court are contained in this index. For a list of all Maryland court forms see the Judiciary Court Form Search page. Original Notice and Petition for Replevin (cont'd). These standard instructions are for informational purposes only and do not constitute legal advice about your case. NOTE: Court clerks cannot provide assistance in completing these forms. Application for delivery—Order to show cause—Petition—Hearing. The replevin complaint should include a complete and accurate description of the property sought.

Replevin Action Iowa

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