This form is a Complaint for Replevin Without Bond. Defendant has defaulted on an installment contract by failing to pay a debt on certain property when it was due. Therefore, plaintiff requests that the court enter a judgment in favor of plaintiff and immediately seize the property and deliver it to plaintiff.
Oregon Complaint for Replevin or Repossession Without Bond and Agreed Order
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FAQ
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.
: 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.
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.
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.
The Complaint: The complaint in replevin typically must include: (i) a description of the property to be replevied; (ii) its value; (iii) its location if known; and (iv) the material facts upon which the claim is based ? in other words, why the filing party is entitled to seize the property that has been taken.
Repossession is not allowed unless the creditor has a security interest in the property, and unless you have broken your contract. If an item is repossessed when there is no contract that allows this, you may be able to sue the creditor.
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.
?Replevin? is a process whereby seized goods may be restored to their owner. In a replevin case, the Plaintiff claims a right to personal property (as opposed to real property/real estate) which has been wrongfully taken or detained by the defendant and seeks to recover that personal property.