Illinois Summons In Repletion is a legal process used in the state of Illinois whereby a plaintiff can obtain the return of property that has been unlawfully taken. The plaintiff must file a complaint in the Illinois Circuit Court that outlines the facts of the case and then request a Summons In Repletion from the clerk of the court. The Summons In Repletion will require the defendant to appear in court and answer the complaint. There are two types of Illinois Summons In Repletion: the Regular Summons In Repletion and the Special Summons In Repletion. The Regular Summons In Repletion is issued when the plaintiff is seeking the return of tangible personal property such as furniture, jewelry, or firearms. The Special Summons In Repletion is used when the plaintiff is seeking the return of intangible property such as documents, contracts, or other evidence.
Illinois Summons In Replevin
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How to fill out Illinois Summons In Replevin?
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FAQ
Replevin is the legal action you can use to get your personal property back when someone has wrongfully taken it and refuses to give it back. If this happens, you may also recover financial losses as a result of the wrongful taking of property or because you were unable to use the property for a period of time.
The order for replevin shall require the sheriff, or other officer to whom it is directed to take the property, describing it as in the complaint, from the possession of the defendant, and deliver the same to the plaintiff unless such defendant executes a bond and security as hereinafter provided, and to summon the
Rule 101(d) summons must be served within 30 days after its date. A rule 101(d) summons covers all other summons where the defendant must file an answer or appear within 30 days.
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.
The most common way to serve a summons is to get the sheriff to do it. A person can get the sheriff in their county to serve a summons after they file their complaint and pay a fee.
A default judgment occurs in Illinois civil cases when the defendant has been properly served with a complaint and summons and has failed to file an answer to the complaint by the first court date or to appear in court for the first court date.
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.