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Maryland Show Cause Order in Action of Replevin/Notice to Defendant/Order and Writ of Replevin

State:
Maryland
Control #:
MD-SKU-0406
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Description Show Cause Order

Show Cause Order in Action of Replevin/Notice to Defendant/Order and Writ of Replevin

A Maryland Show Cause Order in Action of Repletion/Notice to Defendant/Order and Writ of Repletion is a legal document issued by a court in the state of Maryland. It is typically used in situations where a plaintiff is seeking to repossess certain property that has been unlawfully taken by a defendant. The order requires the defendant to appear before the court in order to show cause why the property should not be returned to the plaintiff. The order also outlines the repletion process, including the filing of a complaint with the court and the issuance of a writ of repletion. The order also specifies the date and time of the hearing, as well as the consequences for failing to appear. The types of Maryland Show Cause Order in Action of Repletion/Notice to Defendant/Order and Writ of Repletion include: • Initial Show CausOrderde— - This order requires the defendant to appear in court and explain why the property should not be returned to the plaintiff. • Preliminary HearinOrderde— - This order requires the defendant to appear in court for a preliminary hearing to determine whether the property should be returned to the plaintiff. • Final HearinOrderde— - This order requires the defendant to appear in court for a final hearing to determine the fate of the property. • Wrirepletioni— - This order authorizes the plaintiff to repossess the property if the defendant fails to appear in court.

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Show Cause Maryland Form popularity

Show Cause Notice Sample Other Form Names

Maryland Replevin Form   Cause Order Sample   Replevin Maryland  

FAQ

A show cause order is a mandatory court order that requires the party served to appear in court and explain or justify why the court should not take a proposed action. Typically, the court issues a Maryland Show Cause Order once a party requests specific relief and provides evidence to support their request.

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.

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.

What are Replevins and Detinues? A replevin is a legal action that allows you to seek the immediate return of property prior to a trial. A detinue seeks the return of property or compensation for its value, but does not allow for a hearing prior to trial to determine immediate possession of property.

Code (1957), Art. 57, § 1, provides: "All actions of detinue or replevin shall be commenced, sued or issued within three years from the time the cause of action accrued; ".

Replevin seeks the return of property, along with possible damages. It allows for the possible return/possession of the property at a Show Cause hearing, a hearing held before a trial. It is filed in the District Court, regardless of the amount in dispute.

To initiate the replevin process with your attorney, you will file a Complaint form, a Show Cause Order, and a Request for Service. You must pay a filing fee and an additional fee if you want the sheriff to serve the defendant with the summons.

More info

SHOW CAUSE ORDER IN ACTION OF REPLEVIN. (Md. The Order to Show Cause must be served on the Defendant at least five days prior to the hearing.78.068 Prejudgment writ of replevin. 78. 075 Order to show cause; waiver. 78. In a replevin action, the court will first hold a show cause hearing to determine who is entitled to temporary possession of the property. Legal seizure of a person or property; the writ ordering seizure. At said hearing, you shall be required to show cause why the possession of the described property should not be delivered to the plaintiff. Dated: BY THE COURT. The writ of seizure shall be issued only upon an order of court entered upon notice and hearing pursuant to Rule 1075. 1 or ex parte pursuant to Rule 1075.2.

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Maryland Show Cause Order in Action of Replevin/Notice to Defendant/Order and Writ of Replevin