This is a Writ of Replevin, to be used in the State of Wisconsin Small Claims Court. This document is used as an order to the sheriff to seize moveable property that a court has determined is being wrongly held.
Wisconsin Writ of Replevin or Repossession
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State:
Wisconsin
Control #:
WI-SC-514
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How to fill out Wisconsin Writ Of Replevin Or Repossession?
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FAQ
A judgment of possession is a court order that determines who is entitled to property.The judgment for possession states the plaintiff has a right to the property; the writ of execution actually begins the transfer process from a judgment debtor to a plaintiff.
With a replevin lawsuit, the creditor seeks an order from the court requiring you to give the car back to the creditor.The car loan lender may also get a money judgment against you, usually for the balance owed on the loan or lease, along with charges and costs.
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.
A Writ of Restitution orders the Sheriff or his designee to remove the defendant from the premises so that the rightful owner may have possession of the same and to satisfy the judgment for costs. The Writ is valid for 30 days after issuance.
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 money damages (the more commonly-sought after remedy).
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.)
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.
A Writ of Restitution is a document that authorizes the U.S. Marshals Service to schedule an eviction of the tenant. After the Writ of Restitution is filed, the Clerk's Office sends the writ to the U.S. Marshals Service. The U.S. Marshals Service sends a copy of the writ to the tenant.