The Hawaii Writ of Repletion is a type of court order issued by a judge in the Hawaiian state courts. It orders a defendant to return a specific piece of property to its rightful owner. This writ is typically used when a dispute arises over the ownership or possession of a particular item. There are two types of Hawaii Writ of Repletion: the immediate repletion and the deferred repletion. An immediate repletion takes effect immediately after a judge issues the order and the defendant must immediately return the property. A deferred repletion takes effect at a later date and the defendant is given the opportunity to appeal the order before the property is returned. The Hawaii Writ of Repletion is an important legal tool for claimants seeking to regain the possession of their rightful property. It is a useful remedy for those who have been wrongfully deprived of their property or have had their property wrongfully taken from them.
Hawaii Writ of Replevin
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FAQ
Replevin is the type of civil action used to recover possession of personal property which has been unlawfully taken and kept or lawfully taken and unlawfully kept. The plaintiff may also be entitled to monetary damages.
What is a replevin action? Replevin is a lawsuit that asks the Court to return your personal property that was wrongfully taken or detained by another person or entity.
In New York, a replevin action is governed by the three-year statute of limitations in CPLR 214 (3). The law that applies is the law of the state where the tangible personal property is located.
Examples of Replevin A creditor seeking to recover tangible items from a debtor who has defaulted on a secured loan, such as repossessing a borrower's car after missed payments. A renter who sues a landlord for the return of property that was withheld in return for back pay.
The court will issue a Writ of Possession a few hours to a few days after the landlord wins the case. This court order informs the tenant that they have to get out of their housing on the property or else they will be forcibly removed. The Writ of Possession is not given automatically.
Individuals may be served either personally by handing them a copy of the summons and complaint or, if they cannot be located, by leaving the Hawaii Process Service with a responsible adult resident at their usual residence.
78.01 Right of replevin. --Any person whose personal property is wrongfully detained by any other person or officer may have a writ of replevin to recover said personal property and any damages sustained by reason of the wrongful taking or detention as herein provided.
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.