Order Taking Property in Replevin: This order is used when the Plaintiff wants to seize property which is rightly theirs, from the Defendant. The Sheriff is ordered to seize the property and hand it over to the Plaintiff, as long as certain conditions are met. The Plaintiff must issue a bond, payable to the Defendant, to the Sheriff in the amount which is twice the worth of the property to be seized. The Sheriff is not allowed to hand over the seized property to the Plaintiff, if the Defendant gives the Sheriff a bond, payable to the Plaintiff, in the amount of twice the worth of the seized property. This form is offered in both Word and Rich Text formats.
Mesa Arizona Order Taking Property in Replevin or Repossession
Category:
State:
Arizona
City:
Mesa
Control #:
AZ-CV-3-REP
Format:
Word;
Rich Text
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In creditors' rights law, replevin is a legal remedy allowing a person to recover goods unlawfully withheld from the creditor.
1. An action seeking return of personal property wrongfully taken or held by the defendant.
Detinue action seeks recovery of specific personal property or its value from one who withholds property from plaintiff who is true owner or lawfully entitled to possession. Under sales contract, dealer had right to repossess in event of default.
1. An action seeking return of personal property wrongfully taken or held by the defendant.
Replevin allows police to seize property and return it to the creditor and is more generally used when a defendant wrongfully took a property. Detinue orders the defendant to surrender the property to the creditor because they are wrongfully withholding it.
Replevin differed from the actions of Trespass and Trover in that it sought recovery of the specific items of property in dispute rather than monetary damages.
The main differences are: Replevin allows police to seize property and return it to the creditor and is more generally used when a defendant wrongfully took a property. Detinue orders the defendant to surrender the property to the creditor because they are wrongfully withholding it.
Governed by Rule 60 of the Rules of Court, replevin is defined as a civil action for the recovery of personal property. It is a requirement that the personal property be wrongfully detained or possessed by another, and in violation of the rights of the plaintiff.
Replevin is a Civil Remedy to Recover Possession of Personal Property.
Detinue is an action to recover the wrongful detention of goods or possessions. Last updated in August of 2022 by the Wex Definitions Team LIFE EVENTS. accidents & injuries (tort law) criminal law.
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