Illinois Complaint In Repletion is a legal action in the state of Illinois that allows a plaintiff to recover specific personal property from a defendant. This type of complaint is typically used when a plaintiff believes that they have a rightful claim to the property and wants to regain possession of it. The plaintiff must be able to demonstrate that they have a legal right to the property and that the defendant is wrongfully withholding it. There are two types of Illinois Complaint In Repletion: Traditional and Accelerated. Traditional Complaint in Repletion is the standard procedure. It allows the plaintiff to file a complaint in court, receive a summons, and the court will then hold a hearing. In Accelerated Complaint in Repletion, the plaintiff can request a Writ of Repletion, which is an order from the court requiring the defendant to return the property in question to the plaintiff. This process is generally more cost-effective and can be completed more quickly than the traditional procedure.
Illinois Complaint In Replevin
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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.
Examples of Replevin A creditor seeking to recover tangible items from a debtor who has defaulted on a secured loan, such as repossessing a borrower's car after missed payments. A renter who sues a landlord for the return of property that was withheld in return for back pay.
Replevin is the type of civil action used to recover possession of personal property which has been unlawfully taken and kept or lawfully taken and unlawfully kept. The plaintiff may also be entitled to monetary damages.
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.
In New York, a replevin action is governed by the three-year statute of limitations in CPLR 214 (3). The law that applies is the law of the state where the tangible personal property is located.
What is a replevin action? Replevin is a lawsuit that asks the Court to return your personal property that was wrongfully taken or detained by another person or entity.
Whenever any goods or chattels have been wrongfully distrained, or otherwise wrongfully taken or are wrongfully detained, an action of replevin may be brought for the recovery of such goods or chattels, by the owner or person entitled to their possession.