Wisconsin Writ of Repletion (Small Claims) is a legal process that allows a claimant to recover personal property from a defendant in small claims court. This process is used when a person believes that another person has unlawfully taken possession of their property. It is a form of self-help, as the claimant does not need to hire a lawyer or go to court to recover their property. The Writ of Repletion is a court order that directs the defendant to return the property to the claimant. There are two types of Wisconsin Writ of Repletion (Small Claims): General and Special. A General Writ of Repletion is used when the claimant is seeking the return of personal property valued at $10,000 or less. A Special Writ of Repletion can be used when the claimant is seeking the return of property valued at more than $10,000. In either case, the claimant must establish that they are the rightful owner of the property and that the defendant is unlawfully in possession of it.
Wisconsin Writ of Replevin (Small Claims)
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FAQ
If a judge has made the final decision in your small claims case and you are dissatisfied with that decision, you may appeal that decision only to the Wisconsin Court of Appeals. There are no special small claims rules or forms for appeals and filing an appeal can be a complex process.
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.
Small claims court is limited to claims of $10,000 or less. However, third-party complaints, personal injury claims, and actions based in tort are limited to claims of $5,000 or less. Claims exceeding the maximum amount allowed must be filed in civil court.
(1) The personal representative shall collect, inventory and possess all the decedent's estate; collect all income and rent from decedent's estate; manage the estate and, when reasonable, maintain in force or purchase casualty and liability insurance; contest all claims except claims which the personal representative
By a preponderance of the evidence A preponderance of the evidence is the most common standard for proving claims in civil proceedings. It is well established that it requires the party asserting a claim to prove that the claim he or she is making is more likely true than not.
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.
Examples of Replevin A creditor seeking to recover tangible items from a debtor who has defaulted on a secured loan, such as repossessing a borrower's car after missed payments. A renter who sues a landlord for the return of property that was withheld in return for back pay.
Stat. § 810.14. In any action of replevin judgment for the plaintiff may be for the possession or for the recovery of possession of the property, or the value thereof in case a delivery cannot be had, and of damages for the detention; and when the property shall have been delivered to the defendant, under s.