Kansas Writ of Replevin or Repossession

State:
Multi-State
Control #:
US-01275
Format:
Word; 
Rich Text
Instant download

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. The document also requests that the defendant be summoned to appear before the court and to answer the suit of the plaintiff for the wrongful detention of the property.
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FAQ

Replevin (/r??pl?v?n/) or claim and delivery (sometimes called revendication) is a legal remedy, which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses.

Replevin is one of a group of remedies for conversion, the wrongful taking or withholding of personal property. Its significant feature is the return of the item itself, not just its money value?useful in instances in which, for example, a family heirloom is taken (compare trover).

In its simplest terms, replevin is a procedure whereby seized goods may be provisionally restored to their owner pending the outcome of an action to determine the rights of the parties concerned. The requirements of a replevin action differ by jurisdiction.

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, 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).

Another action is replevin which is used to recover specific goods. As well might it be questioned, that a writ of replevin for a horse, or a writ of right for land, was "a suit at Common Law." "I don't want your papers," remarked Sylvane, who did not know a replevin paper from a dog license.

In its simplest terms, replevin is a procedure whereby seized goods are restored to their owner (creditor) at the beginning of a lawsuit. If you ever find yourself in the unfortunate position of needing to retrieve vehicles, equipment, or any personal property in California, the replevin is a very useful tool.

A personal action ex delicto brought to recover possession of goods unlawfully taken, (generally, but not only, applicable to the taking of goods distrained for rent,) the validity of which taking it is the mode of contesting, if the party from whom the goods were taken wishes to have them back in specie, whereas, if ...

Detinue is a legal action that is most often utilized when a person has possession of property that they should not have, such as when they default on a loan. Replevin allows the seizure of property by law enforcement. Detinue provides for the return of the property by the party who has it unlawfully.

Replevin is a lawsuit that asks the Court to return your personal property that was wrongfully taken or detained by another person or entity.

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Kansas Writ of Replevin or Repossession