Missouri Writ of Replevin for Dog
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FAQ
Description. 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).
A replevin action is a little known but powerful area of the law. 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 purpose of this act is to prohibit the cruel and inhumane treatment of dogs bred in large operations by requiring large-scale dog breeding operations to provide each dog under their care with basic food and water, adequate shelter from the elements, necessary veterinary care, adequate space to turn around and ...
Replevin allows the plaintiff to gain possession of the personal property; the other causes of action only allow the plaintiff to recover damages, not possession of the property. Replevin also allows the plaintiff to obtain possession of the property at the beginning of a lawsuit.
For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments. See Debtor and Creditor Law. 2. A writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions).
A judgment lien is created automatically on any debtor property located in the Missouri county where the judgment is entered. For debtor property located outside the county where the judgment is entered, the creditor files the judgment with the county circuit clerk.
Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 516.350. 516.350. Judgments presumed to be paid, when ? presumption, how rebutted ? inclusion in the automated child support system ? judgment for unpaid rent, revived by publication.