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Generally speaking, restitutionary and equitable remedies are not available if legal damages will be claimed by the plaintiff.For example in a conversion (theft) case, the judge may order replevin so that the plaintiff can get their stolen property back.
Legal remedies allow the non-breaching party to recover monetary damages. In contrast, equitable remedies are non-monetary solutions to resolve the disputed issue. In addition to these two remedies, a court may also order a declaratory judgment.
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.
An action seeking return of personal property wrongfully taken or held by the defendant. Rules on replevin actions vary by jurisdiction.A writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions).
At the hearing, the burden is on the plaintiff to prove probable cause to support the motion for possession (i.e. that it is likely that the movant plaintiff will obtain judgment against the respondent defendant that entitles the movant to permanent possession of the specific personal property that is the subject
To win a replevin action, you must show that you are entitled to immediate possession of the property. (Note: It is possible to own or have title to property but not have the right to possess it immediately. In that case, you cannot win a replevin action.)
The equitable remedies are specific performance (an order directing a person to deliver to the buyer the unique thing the seller contracted to sell), injunction (an order directing a person to stop doing that which he should not do), and restitution (the return by one party of the benefit conferred on him when the
Read all of the paperwork that you receive from the court. Return the vehicle immediately to the rightful owner. Show proof of ownership if you want to dispute the claim. Speak with a licensed attorney in your area.
Replevin is a action or a writ issued to recover an item of personal property wrongfully taken.Almost all states have made replevin an obsolete action, since the states have adopted "one cause of action" for all civil wrongs.