Does replevin apply to real property?

In contrast to personal property like chattels and motor vehicles, replevin generally doesn't apply to real property like real estate or houses. Real property, such as land, houses, or other types of real estate, is immovable.

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1200 Civil Action Forms
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Verified Complaint for Replevin or Repossession

Replevin For Property In Chicago

Category:

Civil Actions - Replevin

State:

Multi-State

City:

Chicago

Control #:

US-000265

Format:

Instant download

Description

The Replevin for Property in Chicago form is utilized in legal disputes where a party seeks to regain possession of personal property that is wrongfully detained. This verified complaint outlines the parties involved, jurisdiction, and specific details regarding the property in question. Key features include the inclusion of pertinent contracts, descriptions of the secured vehicles, and a request for immediate possession. Attorneys, partners, owners, associates, paralegals, and legal assistants can benefit from this form as it streamlines the legal process of replevin by providing structured guidelines for submitting a claim. The form should be filled out with accurate information regarding the parties and their respective positions, while referencing attached exhibits for support. Clear instructions should be followed to ensure compliance with local court requirements. Use cases for this form typically involve parties asserting their rights over collateral that has been secured through contracts, highlighting the necessity for prompt legal action in reclaiming assets. Overall, this form facilitates effective communication of claims and helps in expediting legal resolutions.

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FAQ

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 borrower's car after he missed too many payments.

When filing a replevin suit, the plaintiff must provide evidence that they are the rightful owner of the property in question and that it was taken without justification or consent.

The Complaint: The complaint in replevin typically must include: (i) a description of the property to be replevied; (ii) its value; (iii) its location if known; and (iv) the material facts upon which the claim is based – in other words, why the filing party is entitled to seize the property that has been taken.

Whenever any goods or chattels have been wrongfully distrained, or otherwise wrongfully taken or are wrongfully detained, an action of replevin may be brought for the recovery of such goods or chattels, by the owner or person entitled to their possession.

Pursuing a Replevin Action A creditor can begin the replevin process by filing a complaint in court. This complaint will describe the property that is being repossessed and state that the creditor has the right to take possession of a vehicle that has been wrongfully detained or concealed by the debtor.

In contrast to personal property like chattels and motor vehicles, replevin generally doesn't apply to real property like real estate or houses. Real property, such as land, houses, or other types of real estate, is immovable.

An action of replevin shall be commenced by the filing of a verified complaint which describes the property to be replevied and states that the plaintiff in such action is the owner of the property so described, or that he or she is then lawfully entitled to the possession thereof, and that the property is wrongfully ...

Replevin is an action seeking return of personal property wrongfully taken or held by the defendant. In exchange for the personal property, the plaintiff in the action pledges a security and is allowed to hold the property until the case is resolved by the 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. Replevin can also refer to a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions).