An Illinois Complaint in Repletion is a type of civil lawsuit, brought in Illinois state court, in which a plaintiff seeks the return of personal property that has allegedly been wrongfully taken or detained by the defendant. The plaintiff must allege facts to show that the property in question is his/hers, and that the defendant has wrongfully taken it or is wrongfully withholding it. If the court determines that the plaintiff has established these facts, it may order that the property be returned to the plaintiff. There are two types of Illinois Complaint in Repletion: a standard complaint and a motion for a writ of repletion. A standard complaint is a civil action filed in an Illinois state court, which is usually the first step in seeking the return of property wrongfully taken or detained. A motion for a writ of repletion is a more urgent type of complaint, in which the plaintiff asks the court to issue an immediate order requiring the defendant to return the property.
Illinois Complaint in Replevin
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FAQ
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 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.
Ans. Replevin principle is considered as a legal remedy because it is a legal action that allows a person to recover the possession of his lost property that has been wrongfully taken or detained by another person.
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.
Replevin. A replevin case is used to have the sheriff pick-up the property before the court has a full hearing or trial in the case. In replevin, the court holds a preliminary hearing to see if you, the plaintiff, have proper reasons to have the sheriff get the property.
A detinue complaint asks the court to issue an order to the debtor or other person in possession to surrender the property directly to the creditor so that it is not necessary to know where the collateral is, only the location of the person in possession.
An action seeking return of personal property wrongfully taken or held by the defendant.
Replevin, also called revendication, a form of lawsuit in common-law countries, such as England, Commonwealth countries, and the United States, for return of personal property wrongfully taken and for compensation for resulting loss. Replevin is one of the oldest legal actions, dating to the 14th century.