Tennessee *Action to Recover Personal Property

State:
Tennessee
Control #:
TN-SKU-0646
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Description

*Action to Recover Personal Property

Tennessee Action to Recover Personal Property is a legal process that allows a person to reclaim possession of their property if it has been wrongfully taken from them. This process is also known as a repletion action. There are two types of Tennessee Action to Recover Personal Property: Possessor and Non-Possessory. Possessor actions are used when the plaintiff (the person seeking to recover the property) is the rightful owner of the property and the defendant (the person from whom the property is being recovered) is in possession of it. Non-Possessory actions are used when the plaintiff is not the rightful owner, but believes they have a right to possess the property. In either case, the plaintiff must file a complaint in court and present evidence to prove their claim to the property. If the court finds in favor of the plaintiff, it will issue an order for the defendant to return the property.

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FAQ

Fortunately, in the state of Tennessee and elsewhere in the United States, the law allows you to reclaim or recover your personal property. Under the law, personal property is physical, transferable, tangible items, such as vehicles, shirts, computers, and toys.

Tangible Personal Property is all property owned or held by a business to operate that business, including but not limited to, furniture, fixtures, vehicles, tools, machinery, equipment, raw materials, and supplies.

A person in lawful possession of real or personal property is justified in threatening or using force against another, when and to the degree it is reasonably believed the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.

The writ of possession shall direct the proper officer to take the property out of the possession of the defendant and deliver the same to the plaintiff. The writ of possession shall be executed by the proper officer by seizing the personal property and delivering the same to the plaintiff.

One of the most common tests used to differentiate "personal property" from "real property" is whether it is moveable (personal) or affixed (real). In Tennessee, personal property is assessed at 30% of its value for commercial and industrial property and 55% of its value for public utility property.

REPOSSESSING GOVERNMENT RECORDS: TENNESSEE'S REPLEVIN LAW The sale of any government record is illegal in Tennessee ing to the Replevin law, TCA § 39-16-504 (see attached). This law includes all records created by state, county, or municipal government. Violation of this law is a Class A misdemeanor.

Personal property is property that is movable. In common law systems, personal property may also be called chattels or personalty. In civil law systems, personal property is often called movable property or movables?any property that can be moved from one location to another.

More info

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).Action to Recover Possession of Property. Essential elements: • Plaintiff is owner (or person entitled to possession). A plaintiff brings an action in replevin to recover personal property that was wrongfully taken or withheld. Obtain a Personal Property Recovery Summons, CV-184, from the Clerk of the District Court. You will be charged for this form. 1) Complete a Complaint for Recovery of Personal Property (Summary Process), (CV-183). This article will explain what "replevin" is, and why this type of lawsuit can be useful for recovering personal property. 29-30-101. Action to recover personal property.

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Tennessee *Action to Recover Personal Property