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.
Missouri Writ of Replevin or Repossession
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How to fill out Writ Of Replevin Or Repossession?
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FAQ
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 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.
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).
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.
If a court order has been issued against you, the landlord will then request a writ of execution of the eviction. Once the Court issues the writ of execution, the Sheriff's Department may move forward with the eviction. The Sheriff's Department will post a Notice of Eviction on the premises (property).
?The action of replevin may be maintained to recover any goods or chattels in which the plaintiff has a general or special property interest with a right to immediate possession and which are wrongfully detained from him in any manner, together with the damages for such wrongful detention.? Conn. Gen. Stat.
There is a procedure under Missouri law, however, whereby a judgment creditor can seek an extension of the ten years during which a judgment is active. To do so, the judgment creditor must file a motion to revive the judgment in the court which entered it.
(a) When and by Whom. A judgment may be revived by order of the court that entered it pursuant to a motion for revival filed by a judgment creditor within ten years after entry of the judgment, the last payment of record, or the last prior revival of the judgment.