what type of attorney do i need for a replevin

I doubt there's a specific kind of lawyer that deals with writs of replevin for property. However, I would look for a local lawyer that knows the ins and outs of the county in which you are in. I bet a lawyer that is good behind-the-scenes can get this taken care of with a few letters, instead of having to file a lawsuit.

Full Answer

Do you need an attorney for a replevin claim?

However, the item must have enough value in order to justify the litigation costs of a replevin claim (or a replevin bond). Because both parties have risk in a replevin claim, they must understand the process and present compelling cases to the judge. Often, this means having an attorney handle the case.

How does a replevin case proceed in court?

In a sense, it proceeds like any other civil claim. However, a replevin case can be unique because the plaintiff/claimant can ask the court for immediate or temporary possession of the property (until a final decision can be made).

Does replevin apply to real property?

Replevin applies to a broad range of personal property, but it does not apply to real property (foreclosure or “execution” are similar legal theories used to recover land).

What do I need to file a replevin action?

In an action for replevin, you must provide a written, detailed description of the property that has been taken from you for identification purposes. You must also include:

What is the remedy of replevin?

Replevin, also known as a claim and delivery, is a legal recourse that allows a person to obtain any personal property that was wrongfully claimed. The remedy is given before the court pronounces the final judgment and the wronged party is also compensated for any losses incurred due to the illegal act.

What is the difference between Detinue and replevin?

Replevin is a legal action where you are for the return of personal property, with possible damages. Detinue is a legal action for the return of personal property OR the property's value, plus possible damages.

How do I file a replevin action in NY?

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.

What is the difference between Trover and replevin?

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.

How do you prove Replevin?

Replevinprovide a description of the property to be replevied, its approximate value, and the location where the property is believed to be;give a sworn statement that he or she is the rightful owner of the property and is entitled to possession of it; and.provide security (eg.

What does Replevin mean in law?

An action seeking return of personal property wrongfully1. An action seeking return of personal property wrongfully taken or held by the defendant. Rules on replevin actions vary by jurisdiction.

What is the difference between specific performance and replevin?

Specific Performance and 'Replevin' The term replevin -- commonly referred to as "claim and delivery" -- refers to a legal action in which actual property (not its monetary value) must be transferred to the plaintiff in a dispute. It is similar to specific performance and often used interchangeably in statutes.

What is Detinue law?

The unlawful detention of chattel of another person who has a right of immediate possession to it. Refusal to return it upon demand by the owner who is in immediate possession of the property.

What does Assumpsit mean in law?

Definition of assumpsit 1 : an express or implied promise or contract not under seal on which an action may be brought. 2a : a former common-law action brought to recover damages alleged from the breach of an assumpsit. b : an action to recover damages for breach of a contract.

What is the difference between conversion and replevin?

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

What is replevin bond?

Replevin is a court action to conclude the rightful owner of personal property in question. A replevin bond permits the plaintiff to take possession the property withheld by the defended prior to a hearing. Replevin bonds make sure that if the defendant wins the case, the plaintiff will forfeit the property to them.

What kind of services do lawyers provide?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why do you need a lawyer for a contract?

Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.

What is family law?

Family law is law that involves family matters. These matters can include marriage, divorce, adoption, child support, custody and establishing parentage. In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

What is criminal law?

Criminal law is the body of laws that pertain to crimes. Crimes are actions or behaviors prohibited by state or federal laws. Crimes are punishable by fines, probation, and/or imprisonment. Usually, crimes are categorized as misdemeanors or felonies.

Do lawyers handle different types of cases?

There are many different types of lawyers that handle many different types of cases. Some cases may even overlap practice areas. Most lawyers have experience with a variety of cases and will be able to help you with your needs. Despite the prevalence of “lawyer jokes”, lawyers are service oriented and look out for the best interest of their clients.

What do you need to know before filing an action for replevin?

Before filing an action for replevin, you must know the name and address of the defendant. Determine where the property is located in order to file your action in the correct court.

What is replevin in court?

Replevin is the legal action you can use to get your personal property back when someone has wrongfully taken it and refuses to give it back. If this happens, you may also recover financial losses as a result of the wrongful taking of property or because you were unable to use the property for a period of time.

What information is needed to file a replevin action?

In an action for replevin, you must provide a written, detailed description of the property that has been taken from you for identification purposes. You must also include: A statement of the value of the property, An explanation of why you believe you are the rightful owner of the property,

How long does it take to get a Writ of Replevin?

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. After default or final hearing, the judge will enter a final judgment. Then, the clerk will issue a Writ of Replevin.

How long does it take to respond to a pre-trial hearing?

If it’s valued more than $5,000, there is no pre-trial conference, and the other party will be required to respond in 20 days. They must respond by filing an answer to your request with the court. If they respond, you can contact the court to set a final hearing.

Where do you have to choose a circuit court?

You must choose a circuit court that has jurisdiction over your property. That court may be in the country where the property is located, in the place where the contract was signed, in the place where the defendant resides, or the place where the dispute or problem occurred.

Can you file a civil lawsuit against someone who has not returned property?

You may file a civil lawsuit (non-criminal lawsuit) in court to obtain a court document called a “Writ of Replevin.”. You can use a Writ of Replevin to release personal property or to obtain payment from an individual who has failed to return the property. You must choose a circuit court that has jurisdiction over your property.

What is Replevin law?

The Replevin Law is a relatively obscure, yet powerful tool for aggrieved creditors. Governed by Florida Statute 78 and a scattered body of Florida common law, replevin actions serve as the methods by which a secured creditor can quickly recover collateralized property in possession of a non-paying defendant. ...

What happens if you don't give notice of replevin?

By not giving notice to the defendant of the replevin, the creditor must post a bond for twice the value of the goods subject to the replevin or twice the balance remaining due and owing , whichever is less as determined by the court. In the event the writ of replevin was issued improperly, the defendant will be able to collect from ...

What is the replevin statute in Florida?

The next procedure under Florida’s replevin statute is prejudgment replevin with notice to the defendant. This is governed by Florida Statute §78.065. As the name suggests, this form of replevin is still done prior to a judgment, with notice given to the defendant. The notice is provided via the Order to Show Cause procedures set forth in Florida Statute §78. 065. Careful compliance with the procedural hurdles of the statute is imperative. A creditor must ensure that the order to show cause is personally served on the defendant.

Does Florida require a bond to be posted on a replevin?

By providing notice to the debtor of the replevin under the show cause procedures of Florida Statute §78.065, the creditor is not required to post a bond as a condition precedent to issuance of the writ of replevin.

Can a wrongful replevin be collected?

In the event the writ of replevin was issued improperly, the defendant will be able to collect from the bond posted by the creditor. One can also envision a potential lawsuit by an aggrieved defendant claiming damages as a result of a wrongful replevin. With that said, sometimes a pre-judgment writ of replevin without notice to ...

Who serves a Replevin claim?

A replevin action starts with the “ Claimant ” (the plaintiff) serving a Complaint on the “ Respondent ” (the defendant). The Respondent will have to serve an Answer to the replevin claim and any other claims made by the Claimant.

What is a replevin?

What is “Replevin”? “Replevin”, “replevy”, “replevin action”, and “writ of replevin” are legal words that mean a court process for recovering possession of personal property from another person. In Minnesota, it is also called an “ action for claim and delivery ”. At its core, replevin means repossession.

What is replevin in Minnesota?

In Minnesota, it is also called an “ action for claim and delivery ”. At its core, replevin means repossession. It is a way to take back your stuff. Creditors in loan collection disputes use it to take back unpaid cars, boats, equipment, machinery, livestock, business assets, or other personal property.

How long does it take to get a replevin case?

However, it still will likely take 3+ months.

What is a repevin claim?

These actions could persuade the person to give back the property, or a judge to order it returned. But for property valued at over $15,000, a “replevin claim” is often the best legal recourse. This article will explain what “replevin” is, and why this type of lawsuit can be useful for recovering personal property.

Can a plaintiff get a money judgment in a replevin case?

However, a plaintiff can sometimes get a money judgment in a replevin case. If the person does not care about recovering the actual property , there are other claims that could give the person a money judgment (breach of contract, unjust enrichment, and conversion/civil theft).

Who turns over property after taking possession of property?

After taking possession of the property, the sheriff shall turn the property over to the prevailing party. As you can see, a small claims court referee or judge can order the return of personal property, with assistance from the sheriff.

What is a replevin action?

A replevin action can arise in a number of situations, such as where two or more parties claim a right to possess personal property, but only one has a superior right to that property, or where the property was lawfully withheld but was not released to the person having the greater right to the property. In the commercial context, replevin actions ...

Did defendants assert affirmative defenses in the case of the Defendants?

Defendants interposed a verified answer in which they generally denied certain factual allegations in the complaint. However, they did not assert any affirmative defenses. Plaintiff subsequently moved for, among other relief, summary judgment on the first, fourth, eighth, and eleventh causes of action.

What Does A Probate Attorney Do?

A probate attorney is basically an advisor to the beneficiaries of an estate or personal representative on how to handle any final matters of someone who is deceased.

What Are The Benefits Of Hiring An Estate Planning Attorney?

If you want to make sure all of your affairs will be handled with extra care, expertise and attention, you most definitely want to consider hiring an attorney. The benefits and security that come from taking this route produce a vast amount of benefits for you and your family.

How Do I Know I Need An Estate Planning Attorney?

Knowing when and for what reasons to hire an estate planning attorney can be challenging if you have never been informed of the appropriate circumstances in which to do so. Throughout your life, there are many things that can prompt the need to hire an estate planning attorney. Some of these things include:

How Much Does It Cost To Hire A Probate Attorney?

The important thing to understand when it comes to hiring a probate lawyer and how much it will cost you is that there are two separate areas of cost.

How Do I Find The Right Probate Lawyer?

When looking to hire a probate lawyer, it can be tempting to say yes to the first lawyer and jump right in to start going through the nitty-gritty of all the details immediately. While this may be time-efficient, it may be damaging to the long term results of your case.

What Happens If I Die Without A Will?

If you or someone you know unfortunately passes without having a will written, it means that you or this individual has died “intestate”. Laws that apply to this situation within your state will decide what to do with your property and assets and where they are distributed when someone is deceased.