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Topic: Replevin

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	RULE 4:61. REPLEVIN
		The writ of replevin shall be signed in the name of the clerk of the court issuing the writ and shall be directed to the sheriff, or other officer authorized by law, of the county where the chattels are located and shall describe them with particularity.
		The replevin bond shall be subject to the approval of the court in accordance with R. 1:13-3(a) and shall contain the terms set forth in R. 1:13-3(b).
		A plaintiff in replevin who claims possession as a secured creditor shall allege both in the complaint and the motion for the issuance of the writ the existence of the debt and the existence of a security interest, perfected or unperfected, in a chattel in the possession of the debtor.
	www.judiciary.state.nj.us /rules/r4-61.htm (880 words)

	No. 01-1151
		replevin of property and from a later judgment awarding damages in the amount of the diminution in value of the replevied property while it was in storage with Ecklund.
		Whether the trial court's replevin award coupled with the damage award for diminution in value of the property was proper turns on the language of Wis. Stat.
		In any action of replevin judgment for the plaintiff may be for the possession or for the recovery of possession of the property, or the value thereof in case a delivery cannot be had, and of damages for the detention; and when the property shall have been delivered to the defendant, under s.
	www.wisbar.org /res/capp/2002/01-1151.htm (2223 words)

	Publications: Articles: Florida Foreclosure and Repossession - Becker & Poliakoff
		Replevin is covered by Chapter 78 of the Florida Statutes and provides a means for issuance of a Writ of Replevin, which allows the Sheriff to repossess the property and turn it over to the creditor.
		Replevin is the judicial equivalence of self-help repossession.
		Replevin is brought to recover the property and not to recover an amount owing under a contract, loan or debt.
	www.becker-poliakoff.com /publications/article_archive/florida_foreclosure.htm (5568 words)

	Mark BONNELL v. Honorable Kim M. SMITH, Judge, Second Divisi...
		Bonnell's replevin action was properly within the jurisdiction of the Washington County Circuit Court, and, as a consequence, a writ of prohibition does not lie in these circumstances.
		She sought replevin of a car valued at $3,900.00, which is in excess of the municipal court jurisdictional amount.
		Subject-matter jurisdiction of this replevin action was at all times in circuit court, a court of general jurisdiction, and an action was never commenced in that court.
	courts.state.ar.us /opinions/old/95-147A.html (3452 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		Replevin at common law was an action for the return of specific goods wrongfully taken or "distrained." Typically, it was used after a landlord (the "distrainor") had seized possessions from a tenant (the "distrainee") to satisfy a debt allegedly owed.
		For "[t]he distrainor could always stop the action of replevin by claiming to be the owner of the goods; and as this claim was often made merely to delay the proceedings, the writ de proprietate probanda was devised early in the fourteenth century, which enabled the sheriff to determine summarily the question of ownership.
		The replevin was not cast as a final judgment; most, if not all, of the appellants lacked full title to the chattels; and their claim even to continued possession was a matter in dispute.
	caselaw.lp.findlaw.com /scripts/getcase.pl?navby=case&court=us&vol=407&invol=67 (10454 words)

	25 Wn.2d 86, G. C. HOFF, Appellant v. ROY LESTER et al., Respondents
		The right of the plaintiff in an action in replevin to recover damages for the detention of his property is not lost by his failure to claim, by affidavit and bond, the immediate possession of the property.
		In an action in replevin, the plaintiff may obtain immediate possession of the property involved by filing a statutory affidavit and bond; however, if he does not do so, he is not thereby deprived of his right to recover damages for the unlawful detention of his property.
		In connection with the statutory action of replevin, the plaintiff is accorded the privilege of obtaining immediate possession of the property, which is the subject matter of the action, by filing an affidavit and bond in accordance with the terms of the statute.
	www.mrsc.org /mc/courts/supreme/025wn2d/025wn2d0086.htm (3094 words)

	BA Finance Corporation vs CA : 102998 : July 5, 1996 : J Vitug : First Division
		In its appeal to the Court of Appeals, petitioner has asserted that a suit for replevin aimed at the foreclosure of the chattel is an action quasi in rem which does not necessitate the presence of the principal obligors as long as the court does not render any personal judgment against them.
		Replevin, broadly understood, is both a form of principal remedy and of a provisional relief.
		Consequently, the person in possession of the property sought to be replevied is ordinarily the proper and only necessary party defendant, and the plaintiff is not required to so join as defendants other persons claiming a right on the property but not in possession thereof.
	www.supremecourt.gov.ph /jurisprudence/1996/jul1996/102998.htm (2613 words)

	No. 01-1044: Magic Chefs v. HUD - Opposition
		Finally, the court held that, because petitioner "was statutorily barred from bringing a replevin action against the United States by not seeking a judicial sale of the appliances," HUD was entitled to judgment on its counterclaims for conversion and wrongful replevin.
		The court of appeals reversed the district court's grant of summary judgment in favor of petitioner and remanded for dismissal of petitioner's replevin action and entry of judgment in favor of HUD on its counterclaims for conversion and wrongful replevin.
		The court thus concluded that Florida's replevin action "is similar to a lien foreclosure action [rather than an action to quiet title] inasmuch as title may be revested in a one-time owner of property who transfers title to a purchaser but retains a security interest in the property." Id. at 9a.
	www.usdoj.gov /osg/briefs/2001/0responses/2001-1044.resp.html (1974 words)

	Florida Construction Law : Florida Lien Law : Replevin
		DCA 1983), the court held that a prejudgment writ of replevin was properly issued since the plaintiff alleged non-payment under a personal property lease, and the defendant failed to controvert the allegations.
		While replevin is a remedy available to aggrieved parties who may not be part of a creditor-debtor relationship, the lion's share of disputes relate to defaulted obligations.
		The court noted that replevin and peaceable repossession are consistent remedies and that the commencement of one does not preclude utilization of the other.
	www.thelienzone.com /Florida_Construction_Law_Replevin.htm (5187 words)

	OSCN Found Document:ROSTYKUS v. FIDELITY FIN. CO.
		By cross- petition the defendant finance company plead plaintiff's execution of the notes and mortgage and transfer of same to defendant; that plaintiff had made default in payment, and by virtue of the mortgage defendant had an interest in and was entitled to possession of the mortgage chattel, and sought recovery and possession thereof.
		And, in such cases the surety upon the replevin bond is not liable for the failure of the party against whom such judgment is rendered to return the property, where the judgment rendered fails to order return of the property.
		"The sureties on a replevin bond, conditioned for the return of the replevied property in case a return thereof is adjudged by the court, are not liable for the failure of the party against whom judgment is rendered to return the property, where the judgment does not direct a return thereof."
	www.oscn.net /applications/oscn/deliverdocument.asp?citeid=57998 (2241 words)

	Gibbons, Del Deo, Dolan, Griffinger & Vecchione (Site not responding. Last check: 2007-11-03)
		Replevin: Replevin is the remedy by which a secured lender forecloses upon a security interest in personalty, the non-real estate collateral pledged under a security agreement.
		In the typical case where the lender holds a guaranty from the principals of the borrower, the guarantors' cooperation in these collection efforts may well be forthcoming as they try to minimize their guaranty exposure.
		As a result, when determining whether to pursue replevin (as well, in many cases, real estate foreclosures), the ancient maxim "be careful what you wish for" often applies.
	www.gibbonslaw.com /publications/articlesuser2.cfm?pubid=1243 (1176 words)

	Shenandoah Legal Group, P.C. - Replevin/Detinue
		Detinue is similar to replevin, except that in a detinue action, the court grants a money judgment and sets a fair market value for the collateral, and gives the debtor between 10 and 30 days to redeem it.
		Common names of actions similar to detinue are replevin, claim and delivery, pre-judgment attachment, pre-judgment seizure, wrongful distraint, and repossession.
		In addition to tendering the balance due under the contract, the borrower must pay the reasonable expenses the creditor incurred in repossessing the vehicle, holding it, preparing it for sale, and the extent provided in the contract and not prohibited by law, reasonable attorney’s fees and legal expenses.
	www.shenlegal.com /replevin.html (450 words)

	The Vermont Statutes Online
		When judgment is rendered in favor of the defendant in the action of replevin, and the goods or chattels are returned, the same may be sold and the proceeds applied by the officer who took them in execution as if they had not been replevied.
		When it appears upon the default of the defendant, or upon trial in the action of replevin, that the goods were unlawfully taken or attached or unlawfully detained by the defendant, the plaintiff shall have judgment for his damages caused thereby, and his costs.
		When such replevin terminates otherwise than upon the merits, such court may make such special order as to the return or restoration of the goods or as to damages, and may require such security in the premises, from either party, as is just.
	www.leg.state.vt.us /statutes/fullchapter.cfm?Title=12&Chapter=183 (716 words)

	TITLE 1: CHAPTER 15 - ATTACHMENT, REPLEVIN AND GARNISHMENT (Site not responding. Last check: 2007-11-03)
		(xiii) "Replevin" means the procedure by which a plaintiff in a pending action to recover possession of property obtains redelivery of property claimed to be wrongfully taken or detained.
		The defendant may at any time, upon notice to the plaintiff as the court may require, move the court in which the action is pending, to have a writ of attachment, replevin or garnishment discharged on the ground that it was improperly or irregularly issued.
		Subject to the provisions of W.S. 1‑15‑103(a)(viii) and 1‑15‑306, property seized under a writ of replevin shall be delivered by the sheriff to the plaintiff unless returned to the defendant pursuant to W.S. 1‑15‑104(c) or 1‑15‑105.
	legisweb.state.wy.us /statutes/titles/title01/chapter15.htm (5260 words)

	OSCN Found Document:LEEPER GRAVES & CO. v. FIRST NAT. BANK OF HOBART
		The obligors on a replevin bond given by the plaintiff who has by virtue thereof received and retained the property are estopped from questioning its validity on the ground of formal or technical defects.
		A writ of replevin was issued, and the property involved was taken from the possession of the bank and delivered to the plaintiff.
		But in the action of replevin the plaintiff seeks to recover the property, and is in all stages of the case to final judgment in pursuit of that, and not its value.
	www.oscn.net /applications/oscn/DeliverDocument.asp?citeID=3875 (3716 words)

	SC84046: Joel Bianco Kawasaki Plus, et al., Respondents v. Meramec Valley Bank, Appellant. (Site not responding. Last check: 2007-11-03)
		Bianco had not answered in the replevin action because its attorneys were unaware that service had even been made in that action as no return of service had been filed when Bianco's attorney checked the file.
		Finally, the Bank notes that, in its decision on appeal of the replevin action, the court of appeals found that the trial court had abused its discretion in refusing to set aside the default judgment the Bank won against Bianco and remanded the replevin action to the trial court.
		Moreover, the reason that the replevin action has been stayed is that the result of this appeal may moot the issues raised therein.
	www.osca.state.mo.us /Courts/PubOpinions.nsf/0f87ea4ac0ad4c0186256405005d3b8e/33e866d8f89b920086256bfe005be564?OpenDocument (5203 words)

	France v. Ford Motor Credit Co. (Newbern, J.)
		Replevin -- effect of uncertified check issued in payment of underlying obligation -- suspension continues until dishonor of check or until paid or certified.
		Replevin -- effect of uncertified check issued in payment of underlying obligation -- statute provided no defense to replevin action.
		The Trial Court held replevin was proper, and we affirm.
	courts.state.ar.us /opinions/1996/95-612.html (1307 words)

	4 Wn.2d 394, THE STATE OF WASHINGTON, Respondent, v. MRS. NEIL POPE, Appellant
		Under our "claim and delivery" statute, no judicial writ of replevin is necessary; the law contemplating that, when the requirements of the statute have been met as to affidavit, summons, and bond, the sheriff shall take the property into his custody.
		Upon the theory that a writ of replevin and similar writs are but civil processes, the common law rule is likewise applicable to writs of replevin, writs de retorno habendo, and orders for the sale of specific personal property.
		She is given full opportunity to be heard in the replevin action, and is fully protected by the bond which the plaintiff therein was required to execute.
	www.mrsc.org /mc/courts/supreme/004wn2d/004wn2d0394.htm (3468 words)

	No. 98-0092
		Community Credit obtained default replevin judgments in these actions, but the Milwaukee County Circuit Court later vacated the judgments because the actions were commenced in Milwaukee County Circuit Court in violation of the venue provision of the Wisconsin Consumer Act; the actions were dismissed.
		If a replevin action is brought in a county that has no nexus with the consumer, the likelihood of a default judgment increases, the creditor is favored and the debtor is disadvantaged.
		The complaints alleged the circumstances surrounding the commencement of the replevin actions improperly venued in Milwaukee County and the pursuit of the default replevin judgments.
	www.wisbar.org /res/sup/1999/98-0092.htm (6310 words)

	[No title]
		Before this Ô ·jÀ3Ôorder of replevin was executed, the Fishmans gave the sheriff ofÔ" (000°°Ì3þ"ÔÔ ·j®3ÔÐ °°Ð$ ÐLake County, Clinton Grinell, a statutory replevin* bond in the sum Ô ·j%3Ôof $6,000.
		Thus, a breach of Ô ·jö3Ôthe replevin bond may occur where the plaintiff suffers an Ô ·jÀ3Ôinvoluntary nonsuit, dismissal, or discontinuance of the action.
		Although given to the sheriff in Ô ·jÀ3Ôaccordance with the statute, the replevin bond is for the use ofÔ" (-´)´)((Ì3þ"ÔÔ ·jä3Ôthose persons entitled to the benefit of the bond.
	www.state.il.us /court/Opinions/AppellateCourt/1997/2ndDistrict/June/WP/2960640.doc (1224 words)

	FUENTES v. SHEVIN, 407 U.S. 67 (1972) -- US Supreme Court Cases from Justia & Oyez
		Fuentes instituted the present action in a federal district court, challenging the constitutionality of the Florida prejudgment replevin procedures under the Due Process Clause of the Fourteenth Amendment.[Footnote 2] She sought declaratory and injunctive relief against continued enforcement of the procedural provisions of the state statutes that authorize prejudgment replevin.[Footnote 3]
		If the party who loses property through replevin seizure is to get even a post-seizure hearing, he must initiate a lawsuit himself.[Footnote 9] He may also, as under Florida law, post his own counterbond within three days after the seizure to regain possession.
		We hold that the Florida and Pennsylvania prejudgment replevin provisions work a deprivation of property without due process of law insofar as they deny the right to a prior opportunity to be heard before chattels are taken from their possessor.[Footnote 32] Our holding, however, is a narrow one.
	www.justia.us /us/407/67/case.html (10288 words)

	REPLEVIN - Online Information article about REPLEVIN
		case goes against him, and (2) the " action of replevin " itself.
		The earliest regulations with regard to the action of replevin are to be found in the See also:
		cattle can be the subjects of an action for replevin.
	encyclopedia.jrank.org /RAY_RHU/REPLEVIN.html (372 words)

	JEC Magistrate Benchbook Section 1.5-2 Replevin (Site not responding. Last check: 2007-11-03)
		Replevin is an action to recover personal property wrongfully taken or detained.
		A petition is filed requesting the court to issue an order to the sheriff of the county in which the property is located to take possession of the property and to return it to the plaintiff.
		The court signs a Writ of Replevin ordering the sheriff to seize the property wherever it may be found in the State of New Mexico.
	jec.unm.edu /resources/benchbooks/magistrate/1-5-2.htm (574 words)

	District Court of Maryland Self Help
		A replevin is a legal action that allows you to seek the return of property prior to a trial.
		Both a replevin and a detinue require a trial to determine who is the rightful owner of the property and any possible damages.
		Whether you filed a replevin or a detinue, at the trial you must be prepared to present your case; have any witnesses ready and available to testify; and offer evidence, exhibits, and material to support your claim.
	www.courts.state.md.us /district/forms/civil/dccv04br.html (957 words)

	Subchapter IV. Replevin and Detinue (Site not responding. Last check: 2007-11-03)
		The proceeding before justices of the peace in actions of replevin and detinue shall be by writ as provided in this subchapter.
		In replevin actions, the plaintiff shall file a written statement setting forth all the necessary averments which the plaintiff claims to constitute the right of action.
		(e) Upon the execution of the writ of replevin, there shall be a stay of 15 days from the date of the judgment during which the plaintiff shall not sell, damage, destroy or secrete the items.
	www.delcode.state.de.us /title10/c095/sc04 (1113 words)

	Statutes & Constitution :View Statutes : flsenate.gov
		(3) By the original defendant in replevin for property taken in replevin and delivered to plaintiff while it remains in the possession of the original plaintiff or his or her agents.
		When property consists of separate articles, the value of any one of which is within the jurisdiction of a lower court but taken together will exceed that jurisdiction, the plaintiff may not divide the property to give jurisdiction to the lower court to enable the plaintiff to bring separate actions therefor.
		An action that includes a cause of action for replevin and other causes of action may be brought in any county where venue is proper under chapter 47 for any of the other causes of action or in any county where venue for the replevin is proper under this section.
	www.flsenate.gov /Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0078/ch0078.htm (2382 words)

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