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Example of a Replevin Bond in Action The owner of the storage locker takes possession of your things and you decide to sue him to get them back. If the court allows, you can obtain a replevin bond in order to get your stuff back before settling the lawsuit.
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.
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).
Replevin, also known as ?claim and delivery? or ?revendication,? is another type of legal recovery process. Unlike attachment, which returns property or pays comparable financial damages to a winning defendant, the process of replevin applies only to physical property taken from a defendant by the plaintiff.
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.
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.
1. An action seeking return of personal property wrongfully taken or held by the defendant. Rules on replevin actions vary by jurisdiction.
The steps you must take to get a Writ of Replevin are different depending on the county, but there are 4 general stages: Filing: You will have to give documents to the court that explain what was taken, by whom and when. You will need to show the court proof that these items belong to you.