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The main differences are: Replevin allows police to seize property and return it to the creditor and is more generally used when a defendant wrongfully took a property. Detinue orders the defendant to surrender the property to the creditor because they are wrongfully withholding it.
The main differences are: Replevin allows police to seize property and return it to the creditor and is more generally used when a defendant wrongfully took a property. Detinue orders the defendant to surrender the property to the creditor because they are wrongfully withholding it.
78.01 Right of replevin. \u2014Any 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.
Governed by Rule 60 of the Rules of Court, replevin is defined as a civil action for the recovery of personal property.
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Where do I file a replevin action? A replevin action can be filed either in Municipal Court, County Court, or Common Pleas Court. If the value of the property is more than $15,000, you should file the lawsuit in Common Pleas Court.
For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments. See Debtor and Creditor Law. 2. A writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions).
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.
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.
A Writ of Replevin in Florida is a legal action that creditors can use to get their property back when a debtor cannot or will not pay up. If a debtor doesn't pay, replevin additionally allows creditors to recover financial losses resulting from the unpaid debt and wrongfully claimed property.

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