This form is a Writ of Replevin. The Writ of Replevin provides that the sheriff or any law enforcement officer may take into possession certain property identified on sale tickets attached to the Writ. The document also requests that the defendant be summoned to appear before the court and to answer the suit of the plaintiff for the wrongful detention of the property.
Kings New York Writ of Replevin or Repossession
State:
Multi-State
Category:
County:
Kings
Control #:
US-01275
Format:
Word;
Rich Text
352 downloads
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FAQ
Replevin, also known as a claim and delivery, is a legal recourse that allows a person to obtain any personal property that was wrongfully claimed. The remedy is given before the court pronounces the final judgment and the wronged party is also compensated for any losses incurred due to the illegal act.
: an action originating in common law and now largely codified by which a plaintiff having a right in personal property which is claimed to be wrongfully taken or detained by the defendant seeks to recover possession of the property and sometimes to obtain damages for the wrongful detention also : a procedure allowing
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.
Creditors use replevin actions to recover collateral when debtors default on secured loans. For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments.
Replevin is an action for the recovery of personal property. It is both a principal remedy and a provisional relief. When utilized as a principal remedy, the objective is to recover possession of personal property that may have been wrongfully detained by another.
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.
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.
Definition of detinue 1 : a common-law action for the recovery of a personal chattel wrongfully detained or of its value. 2 : detention of something due especially : the unlawful detention of a personal chattel from another.
Repossession is the act by a creditor, or an agent hired by a creditor, to take possession of a debtor's property that has been put up as a security interest or collateral. This happens when the debtor has defaulted on the debt and has failed to pay the creditor.
Detinue was a way for a plaintiff to seek recovery of their specific property in court. It was abolished in 1977 and replaced with interference with property torts such as conversion. Under detinue, the defendant could have taken the property by lawful means, but retains it unlawfully.