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Mississippi Order Directing Issuance of Writ of Replevin or Repossession

State:
Mississippi
Control #:
MS-61452
Format:
Word; 
Rich Text
Instant download

Description

An Order is an official written statement from the court commanding a certain action, and is signed by the judge. Failure to comply with the order is unlawful and may result in contempt of court charges. This document, a sample Order Directing Issuance of Writ of Replevin, can be used as a model to draft an order requested for submission by the court (the court often directs a party to draft an order). Adapt the language to the facts and circumstances of your case. Available for download now in standard format(s). USLF control no. MS-61452

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FAQ

An action seeking return of personal property wrongfully taken or held by the defendant. Rules on replevin actions vary by jurisdiction.A writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions).

Read all of the paperwork that you receive from the court. Return the vehicle immediately to the rightful owner. Show proof of ownership if you want to dispute the claim. Speak with a licensed attorney in your area.

At the hearing, the burden is on the plaintiff to prove probable cause to support the motion for possession (i.e. that it is likely that the movant plaintiff will obtain judgment against the respondent defendant that entitles the movant to permanent possession of the specific personal property that is the subject

To win a replevin action, you must show that you are entitled to immediate possession of the property. (Note: It is possible to own or have title to property but not have the right to possess it immediately. In that case, you cannot win a replevin action.)

Replevin is a type of lawsuit in which an individual (a plaintiff) can retrieve articles of personal property that were wrongfully taken or detained by a defendant. Unlike other forms of legal recovery, Replevin seeks the return of the actual article of personal property in question, not comprable money damages.

Replevin is a action or a writ issued to recover an item of personal property wrongfully taken.Almost all states have made replevin an obsolete action, since the states have adopted "one cause of action" for all civil wrongs.

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.

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Mississippi Order Directing Issuance of Writ of Replevin or Repossession