Hawaii Complaint regarding Replevin or Repossession

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 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.

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.)

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.

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.

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