Illinois Complaint in Repletion is a legal action that is used to recover the possession of personal property that has been wrongfully taken from a plaintiff. This type of complaint is most commonly used when someone has been wrongfully deprived of their personal property, such as an automobile. The complaint is filed in the circuit court in the county where the defendant is located. There are two types of Illinois Complaint in Repletion: a traditional complaint and a special complaint. The traditional complaint is used to recover the possession of specific property in the possession of the defendant. The special complaint is used to recover the possession of property that is not in the possession of the defendant, but is believed to be wrongfully withheld from the plaintiff. The complaint must provide details of the circumstances of the defendant’s wrongful taking of the plaintiff’s property, and must include a list of the property the plaintiff is requesting to be returned. The complaint must also have an affidavit of the plaintiff that explains the circumstances of the wrongful taking. The court will then issue a repletion order which requires the defendant to return the requested property to the plaintiff.
Illinois Complaint in Replevin
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FAQ
Description. 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.
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.
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.
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.
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.
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.
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.