The Illinois Order for Repletion (Notice Served) is a legal document served on a defendant by a plaintiff in the state of Illinois. This document notifies the defendant that the plaintiff is seeking to repossess certain property that the defendant has wrongfully obtained. It provides the defendant with a chance to respond to the claims and request a hearing to dispute the allegations. The Order is typically served by a sheriff or a marshal and can be served on either the defendant or a person in possession of the property. There are two types of Illinois Order for Repletion (Notice Served): the General Order and the Special Order. The General Order is served when the property is located in a single county, while the Special Order is served when the property is located in multiple counties. Both orders require the defendant to appear in court and answer the allegations.
Illinois Order for Replevin (Notice Served)
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FAQ
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
If you go to court, the judge will tell you when you need to file your Answer. It will usually be 10 days from your court date. In lawsuits for more than $50,000, the Summons will state that you must file an appearance within 30 days after the day you are served.
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.
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.
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.
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.