How does a replevin order work?

A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.

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Verified Complaint for Replevin or Repossession

Replevin File With Court Illinois In Illinois

Category:

Civil Actions - Replevin

State:

Multi-State

Control #:

US-000265

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Description

This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.

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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 ...

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).

The process of starting a replevin action usually begins with filing a complaint. It also requires filing an affidavit in the county or district court where the property is. The affidavit: States that the plaintiff claims rightful ownership or entitlement to possession of the property.

A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.

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.

Procedure for Obtaining, in Court, a Writ of Replevin The filing of a complaint begins a replevin action. As in other civil actions, the defendant is brought into Court by the service of the summons and the complaint. If the plaintiff establishes the cause of action, the Court must enter an Order granting possession.

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The Complaint in Replevin (PDF) must be filed at the Lake County Circuit Clerk's office. Plaintiff asks that an Order of Replevin issue and for judgment against defendant for: a.Possession of the property; b. Notice of Hearing for an Order of Replevin. You will need Adobe Reader to read this. We are Illinois lawyers, who since 2001, have been offering legal guidance and attorney referrals. Not sure what form you need to fill out? Complaint for Replevin To Be Served With Summons (Form 22B) Two (2) additional copies of this form is needed at the time of filing. Call or text Illinois Court Help at 833-411-1121 or go to ilcourthelp. Gov for information about going to court, including how to fill out and file documents.

Replevin File With Court Illinois In Illinois

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