Writ Of Replevin Florida

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.)

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 is a action or a writ issued to recover an item of personal property wrongfully taken. Replevin, sometimes known as "claim and delivery", is an antiquated legal remedy in which a court requires a defendant to return specific goods to the plaintiff at the beginning of the action.

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).

One option you have, aside from filing an answer and raising a valid defense to the request to replevin, is to file for bankruptcy. A bankruptcy action will stop a pending replevin request, and will also help you to get the rest of your finances in order.

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.

What to Do If You Receive a Writ of Summons. As the defendant, after receiving a writ, you must then decide if you wish to contest the claim. If you choose not to contest the claim, the plaintiff can apply for a judgment without trial.Subsequent to your appearance, you must then serve your defence on the plaintiff.

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.

A replevin bond permits the plaintiff to take possession the property withheld by the defended prior to a hearing. Replevin bonds make sure that if the defendant wins the case, the plaintiff will forfeit the property to them.The court will habitually set the bond amount.