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Missouri Replevin Summons Order of Delivery Where Immediate Delivery of Property Is Demanded

State:
Missouri
Control #:
MO-CCAC121
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Description

Replevin Summons Order of Delivery Where Immediate Delivery of Property Is Demanded

A Missouri Repletion Summons Order of Delivery Where Immediate Delivery of Property Is Demanded is a legal document issued by a court to order the immediate delivery of a certain property from one person to another. This document is used when a person has been wrongfully deprived of a property, and seeks to regain possession of it. It can be issued in two different forms: an Order of Delivery or an Order of Repossession. An Order of Delivery is issued when the court orders the immediate delivery of a property to its rightful owner. This document is served on the defendant, and it orders them to return the property to the rightful owner within a specified time. The order will also include instructions on how to proceed with the delivery of the property. An Order of Repossession is issued when the court orders the immediate repossession of a property by the rightful owner. This document is served on the defendant, and it orders them to surrender the property to the rightful owner within a specified time. The order will also include instructions on how to proceed with the repossession of the property. These documents are typically issued in Missouri when a person has been wrongfully deprived of a property, and seeks to regain possession of it.

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FAQ

Example of a Replevin Bond in Action The owner of the storage locker takes possession of your things and you decide to sue him to get them back. If the court allows, you can obtain a replevin bond in order to get your stuff back before settling the lawsuit. If it settles in your favor, you keep your things.

Replevin allows the plaintiff to gain possession of the personal property; the other causes of action only allow the plaintiff to recover damages, not possession of the property. Replevin also allows the plaintiff to obtain possession of the property at the beginning of a lawsuit.

How to use replevin in a sentence. Then after filling out a writ of replevin he added, "Excuse me a moment, Mr. Terry; I will be back soon."

Replevin is the type of civil action used to recover possession of personal property which has been unlawfully taken and kept or lawfully taken and unlawfully kept. The plaintiff may also be entitled to monetary damages.

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.

Basic steps for getting a Writ of Replevin. Prepare a Complaint for Replevin.Prepare Replevin Summons (Notice to Appear in Court). File the original documents with the court. Serve copies of each document on the defendant(s). If the defendant does not respond within 20 days, file for a default.

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, 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.

More info

Replevin Summons Order Of Delivery Where Immediate Delivery Of Property Is Demanded. Claim and delivery borrows from replevin in that it is a remedy which contemplates the recovery of specific personal property when possible.Be sure you deliver the summons to the Sheriff's Office in the County where the Defendant(s) resides. 32-07-01. Plaintiff may claim immediate delivery. This action provides for a Show Cause hearing where immediate possession of property may be determined prior to a trial. How to File a Claim. Sections. Plaintiff may claim and obtain immediate delivery. Application for delivery—Order to show cause—Petition—Hearing. 78.18 Judgment for plaintiff when goods not delivered to defendant. Time when immediate delivery may be claimed.

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Missouri Replevin Summons Order of Delivery Where Immediate Delivery of Property Is Demanded