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In order to obtain a replevin order prior to judgment, a party must: Send a demand letter requesting the surrender of the property; File the required documents for a provisional remedy; File an Affidavit showing: Execute a bond and deliver it to the sheriff.
Detinue is a legal action that is most often utilized when a person has possession of property that they should not have, such as when they default on a loan. Replevin allows the seizure of property by law enforcement. Detinue provides for the return of the property by the party who has it unlawfully.
In its simplest terms, replevin is a procedure whereby seized goods may be provisionally restored to their owner pending the outcome of an action to determine the rights of the parties concerned. The requirements of a replevin action differ by jurisdiction.
"Force majeure" means an act of God or of nature, a superior or overpowering force or an event or effect that cannot reasonably be anticipated or controlled and that prevents access to the sale location for conduct of a sale.
At any time before judgment, if the property is not previously claimed or sold, defendant may replevy the property or any part thereof by giving bond to be approved by the officer who levied the writ, payable to plaintiff in double the amount of plaintiff's debt, or, at defendant's option, for the value of the property ...
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).
A grant or devise to two or more persons may by express words vest the estate in the survivor on the death of a grantee or devisee when expressly declared in the grant, transfer or devise to be a joint tenancy with right of survivorship.
Rule 32. A rule found in the Arizona Rules of Criminal Procedure. If a defendant enters a plea of guilty or no contest in a criminal case , the defendant may not appeal . The defendant may only pursue review of the lower court proceeding through Rule 32 .