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Replevin involves return of an actual specific item or items, not monetary compensation for loss. Thus, it would not normally be used in a case regarding a sum of money, as distinct from the loss of a rare coin, for instance, where the return of the actual coin itself was at issue.
What is a replevin lawsuit?
Replevin is a process whereby seized goods may be restored to their owner. In a replevin case, the Plaintiff claims a right to personal property (as opposed to real property/real estate) which has been wrongfully taken or detained by the defendant and seeks to recover that personal property.
What is an example of a writ of replevin?
Creditors use replevin actions to recover collateral when debtors default on secured loans. For example, a bank might file a replevin action against a borrower to repossess the borrowers car after he missed too many payments.
What is the replevin lawsuit in Colorado?
A Replevin case is a court action in which one person (the Plaintiff) seeks to recover possession of personal property wrongfully taken or detained by another (the Defendant), plus money damages (if any) for the Defendants unlawful possession of the property.
What is the replevin rule in Colorado?
A party from whom personal property has been taken pursuant to a replevin order is entitled, upon voluntary dismissal of the action by the opposing party, to return of the property or its value unless the opposing party can establish its right to retain possession of the property.
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People also ask
What is a replevin hearing?
In its simplest terms, replevin is a procedure whereby seized goods are restored to their owner (creditor) at the beginning of a lawsuit. If you ever find yourself in the unfortunate position of needing to retrieve vehicles, equipment, or any personal property in California, the replevin is a very useful tool.
How do I file a motion response in Colorado?
Simply fill out the response form, telling the court why you disagree with the other partys position. When you file the response, you will be asked to pay a filing fee. You do not need to prove your case in the response; you simply need to tell the court what you believe to be true.
What is an order to show cause in Colorado?
A judicial officer may issue an order to show cause why a case should not be dismissed for failure to prosecute or failure to comply with these rules, the Federal Rules of Civil Procedure, or a court order.
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