Hawaii Writ of Replevin

State:
Hawaii
Control #:
HI-SKU-0733
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Description

Writ of Replevin

A Hawaii Writ of Repletion is a court order issued in the state of Hawaii that requires the return of personal property to its rightful owner. The order is issued by a court of law, typically after a civil lawsuit has been filed. It orders that the property be returned to the owner within a specific period of time, and if the property is not returned, the court can authorize the use of force to take it back. There are two types of Hawaii Writ of Repletion: 1) Direct Repletion, which is issued when the owner of the property has a valid legal claim to it; and 2) Conditional Repletion, which is issued when the rightful owner of the property can demonstrate a probability of success in a court of law. In either case, the Writ of Repletion must be served upon the party who has the property in their possession, and they must comply with the court's order.

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FAQ

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.

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.

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.

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.

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.

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.

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.

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.

More info

Replevin seeks the return of property, along with possible damages. The Circuit Court has a form for the Complaint for a Writ of Replevin.The court decides who should have possession of the item or items and issues a document called a writ of replevin. Please complete the enclosed REPLEVIN COMPLAINT form included in this packet and sign it in the presence of a Deputy Clerk or Notary Public. To execute the Writ of Replevin, a fee for sheriff service will be required. The forms you must use in Iowa Small Claims Court are available in fillable format on the. 78.01 Right of replevin. A writ of replevin is an order from a court authorizing the retaking of the wrongfully taken or detained personal property. RCWs > Title 7 > Chapter 7.64. Replevins are small claims actions seeking the return of movable property (not real estate or money).

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Hawaii Writ of Replevin