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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.
1. An action seeking return of personal property wrongfully taken or held by the defendant.
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.
In its simplest terms, replevin is a procedure whereby seized goods may be provisionally restored to their owner pending the outcome of an action to determine the rights of the parties concerned. The requirements of a replevin action differ by jurisdiction.
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.
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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.
The difference between replevin and trover is that replevin is the recovery of someones unlawfully taken property and trover is a legal action to recover damages for the wrongful taking of property. A related principle is detinue, which is the wrongful detention of someones property.
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 to ask for the return of your personal property which is being kept from you by another person without your permission. You must own or have a property interest in the property you want returned. The person who has the property must be wrongfully keeping it at the time you file your action.
Complete a Writ of Replevin, (SC-514) form. This is an order to the sheriff to seize your property from the debtor and return it to you.