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Illinois Notice of Hearing For The Issuance Of an Order Of Replevin

State:
Illinois
Control #:
IL-SKU-1218
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Notice Of Hearing For The Issuance Of an Order Of Replevin

An Illinois Notice of Hearing For The Issuance Of an Order Of Repletion is a legal notice issued by a court in the state of Illinois when a defendant has been accused of unlawfully taking property from the plaintiff. This notice informs the defendant of the pending lawsuit and informs them of the court hearing date where the judge will decide if an Order of Repletion, or a writ of repletion, should be issued. The Order of Repletion is a court order that requires the defendant to return the property in question to the plaintiff, or to a third party designated by the court. It also gives the plaintiff the right to seize the property from the defendant if the defendant does not comply with the order. There are two types of Illinois Notice of Hearing For The Issuance Of an Order Of Repletion: one for debt collection and one for repossession. In the debt collection case, the plaintiff is suing the defendant for unpaid debts and is seeking to have the property returned. In the repossession case, the plaintiff is suing the defendant for unlawfully taking the plaintiff's property and is seeking to have the property returned. In both cases, the notice informs the defendant of the hearing date and time, the name and address of the court where the hearing will be held, and the name and address of the plaintiff and defendant. The notice also informs the defendant of the consequences of failing to appear in court on the hearing date.

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FAQ

An action seeking return of personal property wrongfully taken or held by the defendant.

Notice to appear. (a) Whenever a peace officer is authorized to arrest a person without a warrant he may instead issue to such person a notice to appear. (5) Request the person to appear before a court at a certain time and place.

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.

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, 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.

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.

Ans. Replevin principle is considered as a legal remedy because it is a legal action that allows a person to recover the possession of his lost property that has been wrongfully taken or detained by another person.

More info

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. Pursuant to law, a hearing will be held to determine whether an order shall issue in this case.At the hearing, the Court will review all evidence presented and make a decision as to who is to received final possession of the property. Take the completed forms to the Clerk of Courts' office. The replevin complaint should include a complete and accurate description of the property sought. Before filing your complaint, you must know where the property is located. Replevin Order to Show Cause (complete everything with the exception of any dates or times). The Show Cause Hearing is usually held within 3 weeks of when the Show Cause Order was issued. 78.075, it shall dispense with the hearing on the show cause order and promptly issue an order authorizing the clerk of the court to issue a writ of replevin. (a) Summons: Issuance.

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Illinois Notice of Hearing For The Issuance Of an Order Of Replevin