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What is the replevin law in Iowa?

Replevin is a legal action to regain rightful possession of goods or personal property. It is not an action for damages, but the court shall also award damages for cost incurred due to the wrongful possession of the property. Iowa Code 643.17.

What is the replevin conversion?

Replevin is one of a group of remedies for conversion, the wrongful taking or withholding of personal property. Its docHub feature is the return of the item itself, not just its money valueuseful in instances in which, for example, a family heirloom is taken (compare trover).

What is an example of a replevin case?

Examples of Replevin Specific examples may include: A creditor seeking to recover tangible items from a debtor who has defaulted on a secured loan, such as repossessing a borrowers car after missed payments. A renter who sues a landlord for the return of property that was withheld in return for back pay.

What does petition for replevin mean?

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 the rule of civil procedure 1.305 in Iowa?

1.305(1) Upon any individual who has attained majority and who has not been adjudged incompetent, either by taking the individuals signed, dated acknowledgment of service endorsed on the notice, or by serving the individual personally; or by serving, at the individuals dwelling house or usual place of abode, any

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What is the court action of replevin?

1. An action seeking return of personal property wrongfully taken or held by the defendant.

Can replevin be used to recover money?

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 the difference between replevin and restitution?

Restitutionary damages: Restitutionary damages are similar to damages, except they are calculated based on the tortfeasors gain rather than the plaintiffs losses. Replevin: Replevin allows the victim to recover personal property they may have lost due to the tort.

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