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Commonly Asked Questions about Claim and Delivery Forms

Claim of Delivery or COD means a transaction in the FASTER System whereby a Delivery and Settlement Participant initiates a delivery of Securities to settle a Trade, in exchange for a contemporaneous transfer of funds; Sample 1.
A Claim and Delivery differs from a Writ of Attachment. The purpose of a Claim and Delivery is to recover personal property being unlawfully detained rather than securing property for the payoff of a possible judgment. Claim Delivery | Riverside County Sheriff, CA riversidesheriff.org Claim-Delivery riversidesheriff.org Claim-Delivery
Claim and Delivery. 1‑472. Claim for delivery of personal property. The plaintiff in an action to recover the possession of personal property may claim the immediate delivery of the property as provided in this Article at any time before the judgment in the principal action.
claim. 1) v. to make a demand for money, for property, or for enforcement of a right provided by law. 2) n. the making of a demand (asserting a claim) for money due, for property, from damages or for enforcement of a right.
A Claim and Delivery lawsuit is a legal action to recover personal property that is in your possession or was listed on the loan contract. It is one way for the company to sue you. You are NOT being sued for the money that you owe on the debt.
Claim and delivery may not be used to recover ownership of real property, but may only be used to recover goods or personal property. The party who begins the action is the plaintiff. The party who has possession of the property claimed is the defendant. The jurisdictional limit of Magistrates Court is $7,500.
3.105. Rule 3.105 - Claim and Delivery (A) Nature of Action; Replevin. Claim and delivery is a civil action to recover (1) possession of goods or chattels which have been unlawfully taken or unlawfully detained, and (2) damages sustained by the unlawful taking or unlawful detention.
You must describe the property youre seeking replevin for, its value, location, and other facts that support your claim. You will then obtain a writ of replevin document that you can use to repossess the property or ask for payment from the person who has not returned the property.