Illinois Complaint In Repletion is a legal action brought to court to recover goods or property that has been wrongfully taken. It is a type of repletion action, which is a remedy available to a person who has been wrongfully deprived of possession of personal property. It is typically used when the owner of the property cannot locate the person who has wrongfully taken it. There are two types of Illinois Complaint In Repletion: Regular Repletion and Accelerated Repletion. Regular Repletion is used when the plaintiff is seeking to recover property wrongfully taken, but the defendant can still be located. Accelerated Repletion is used when the defendant has disappeared or cannot be found. In both types of repletion actions, the court will determine the ownership of the property and the plaintiff must post a bond to guarantee payment of damages if the court rules in favor of the defendant.
Illinois Complaint In Replevin
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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.
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.
Description. 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.
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.
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.
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.