Travis Texas Writ of Replevin or Repossession

State:
Multi-State
County:
Travis
Control #:
US-01275
Format:
Word; 
Rich Text
Instant download

Description

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.
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FAQ

78.01 Right of replevin. Any person whose personal property is wrongfully detained by any other person or officer may have a writ of replevin to recover said personal property and any damages sustained by reason of the wrongful taking or detention as herein provided.

Basic steps for getting a Writ of Replevin. Prepare a Complaint for Replevin.Prepare Replevin Summons (Notice to Appear in Court). File the original documents with the court. Serve copies of each document on the defendant(s). If the defendant does not respond within 20 days, file for a default.

1. An action seeking return of personal property wrongfully taken or held by the defendant. Rules on replevin actions vary by jurisdiction.

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.

Trover, a form of lawsuit in common-law countries (e.g., England, Commonwealth countries, and the United States) for recovery of damages for wrongful taking of personal property.

A replevin case can be filed either in a Municipal Court, County Court or a Common Pleas Court. If the value of the property claimed is more than $15,000, you should file in the Common Pleas Court. Attached are the forms you need to file to begin an action for replevin.

: an action at common law to recover the value of chattels or goods wrongfully converted by another to his or her own use compare detinue.

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.

Replevin is a legal action where you are for the return of personal property, with possible damages. Detinue is a legal action for the return of personal property OR the property's value, plus possible damages.

Trover is the name of the action which lay, at common law, for the recovery of damages for the conversion of personal property in his possession, usually involving chattels held in bailment.

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Travis Texas Writ of Replevin or Repossession