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.
Massachusetts Writ of Replevin or Repossession
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How to fill out Writ Of Replevin Or Repossession?
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FAQ
C. 247 (Replevin) permits plaintiff to obtain the disputed property prior to trial, without hearing, and without justification such as imminent destruction, transfer, or concealment of the property.
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.
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.
The repossession agent can't use force or threats when repossessing the vehicle. The person sent to get the vehicle is not allowed to go onto your owned or rented property unless you allow it. But, if your car is parked on the street next to your property, the person doesn't need to have your consent.
A consumer who defaults on a vehicle loan usually faces the repossession of the vehicle, but sometimes a lender will use replevin as an alternative. While repossession does not involve a formal process in court, replevin consists of getting the court to order the consumer to return the vehicle to the lender.
: to regain possession of. b. : to take possession of (something bought) from a buyer in default of the payment of installments due. 2. : to restore to possession.
Massachusetts has a special law on this topic. In most states, a repo man can come onto someone's property (like a driveway) without permission and take a car, but not here. A repossession company needs to get your permission at the same time they come onto the property that you own or rent.
The customer's loan balance is reduced by the ACV, essentially giving them credit for the vehicle return. The remaining balance is written off as a repossession loss. A charge off implies that the vehicle has not been recovered. The customer's entire loan balance is written off as a bad debt.