Rhode Island Writ of Replevin
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How to fill out Rhode Island Writ Of Replevin?
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FAQ
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.
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.
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.
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.
Generally speaking, restitutionary and equitable remedies are not available if legal damages will be claimed by the plaintiff.For example in a conversion (theft) case, the judge may order replevin so that the plaintiff can get their stolen property back.