Wayne Michigan Writ of Replevin or Repossession

State:
Multi-State
County:
Wayne
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

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

Replevin is one of a group of remedies for conversion, the wrongful taking or withholding of personal property. Its significant feature is the return of the item itself, not just its money valueuseful in instances in which, for example, a family heirloom is taken (compare trover).

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.

Conversion is when one deals with a chattel in a manner repugnant to the immediate right of possession of the true owner. Subjective intention to convert is unnecessary. Detinue is the wrongful detention of goods, when one refuses to deliver up goods to a person having the immediate right to possession.

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.

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.

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.

The remedy by which a person recovered goods if the goods were seized by distress. It was extended to cover wrongful detention generally.

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 tort of detinue occurs when a person wrongfully detains a person's property and unreasonably refuses to return that property to the rightful owner.

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Wayne Michigan Writ of Replevin or Repossession