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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.
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.
The procedure for filing a replevin begins with the plaintiff filing a complaint and subsequently making a motion requesting that the court enter an order for replevin by identifying the goods or chattels at issue. Thereafter, an order for replevin will issue and the property will be seized pursuant to the court order.
(1) In an action for possession, after entry of judgment in favor of the landlord, the clerk shall issue a writ to the sheriff describing the premises and commanding the sheriff to put the landlord in possession after 24 hours notice conspicuously posted on the premises.
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The writ of replevin While in some states you can initiate a replevin without a hearing, New Jersey requires a court ruling to reclaim property by court order. The court will give the party in possession of the property at least three days notice during which they can file affidavits and cross-motions.
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.
Forfeiture of the replevin bond, therefore, requires first, a judgment on the merits in the defendants favor, and second, an application by the defendant for damages.
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.
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.

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