Illinois Writ of Replevin for Dog

State:
Multi-State
Control #:
US-01275-1
Format:
Word; 
Rich Text
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Description

This form is a Writ of Replevin. The Writ of Replevin provides that the sheriff or any law enforcement officer may take into possession certain property identified on sale tickets attached to the Writ
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FAQ

The law is an addition to the Illinois Marriage and Dissolution of Marriage Act or 750 ILCS §5/503(n). This law states that: If the court finds that a companion animal of the parties is a marital asset, it shall allocate the sole or joint ownership of and responsibility for a companion animal of the parties.

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.

1. An action seeking return of personal property wrongfully taken or held by the defendant. Rules on replevin actions vary by jurisdiction.

Example of a Replevin Bond in Action The owner of the storage locker takes possession of your things and you decide to sue him to get them back. If the court allows, you can obtain a replevin bond in order to get your stuff back before settling the lawsuit.

Replevin, also known as ?claim and delivery? or ?revendication,? is another type of legal recovery process. Unlike attachment, which returns property or pays comparable financial damages to a winning defendant, the process of replevin applies only to physical property taken from a defendant by the plaintiff.

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.

Pets remain property under Illinois law. The court awards ownership of the pet, not custody or visitation.

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.

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Illinois Writ of Replevin for Dog