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Replevin is a lawsuit that asks the Court to return your personal property that was wrongfully taken or detained by another person or entity.
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.
If you have been served with a Writ of Summons in Pennsylvania, you should seek legal counsel and consider what your options are to move the case forward. In some cases, you may be able to compromise the claim, while in others, it may be appropriate to file a Praecipe to File a Complaint.
The statute of limitations depends on the type of replevin action you're filing. For general replevin, you only have 15 days from the date of wrongful repossession. If the repossession was due to nonpayment of rent, you have 30 days. You also have to check the correct venue for filing the replevin action.
An action of replevin shall be commenced by filing a complaint with the prothonotary. The provisions of this Rule 1073 adopted June 23, 1975, effective October 1, 1975, 5 Pa. B. 1824.
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 a creation of the courts and is now governed by the Rules of Court. Before recovering property by replevin, a replevin order must be obtained. To obtain a replevin order, a court action must be commenced seeking recovery of property and then an application must be made for the replevin order.