What are the requisites for the forfeiture of the replevin bond?

Forfeiture of the replevin bond, therefore, requires first, a judgment on the merits in the defendant's favor, and second, an application by the defendant for damages.

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Complaint for Replevin or Repossession Without Bond and Agreed Order

Broward Florida Complaint for Replevin or Repossession Without Bond and Agreed Order

Name: Broward Florida Complaint for Replevin or Repossession Without Bond and Agreed Order
Brand: US Legal Forms
Rating: 4.63 (263 reviews)

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Broward

Control #:

US-01273

Format:

Instant download

Description

This form is a Complaint for Replevin Without Bond. Defendant has defaulted on an installment contract by failing to pay a debt on certain property when it was due. Therefore, plaintiff requests that the court enter a judgment in favor of plaintiff and immediately seize the property and deliver it to plaintiff.

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FAQ

: an action originating in common law and now largely codified by which a plaintiff having a right in personal property which is claimed to be wrongfully taken or detained by the defendant seeks to recover possession of the property and sometimes to obtain damages for the wrongful detention also : a procedure allowing

Detinue was a way for a plaintiff to seek recovery of their specific property in court. It was abolished in 1977 and replaced with interference with property torts such as conversion. Under detinue, the defendant could have taken the property by lawful means, but retains it unlawfully.

Forfeiture of the replevin bond, therefore, requires first, a judgment on the merits in the defendant's favor, and second, an application by the defendant for damages.

Replevin differed from the actions of Trespass and Trover in that it sought recovery of the specific items of property in dispute rather than monetary damages.

Replevin is an action for the recovery of personal property. It is both a principal remedy and a provisional relief. When utilized as a principal remedy, the objective is to recover possession of personal property that may have been wrongfully detained by another.

Replevin is a legal action where you are for the return of personal property, with possible damages. Detinue is a legal action for the return of personal property OR the property's value, plus possible damages.

Creditors use replevin actions to recover collateral when debtors default on secured loans. For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments.

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.

Definition of detinue 1 : a common-law action for the recovery of a personal chattel wrongfully detained or of its value. 2 : detention of something due especially : the unlawful detention of a personal chattel from another.

Replevin, also known as a claim and delivery, is a legal recourse that allows a person to obtain any personal property that was wrongfully claimed. The remedy is given before the court pronounces the final judgment and the wronged party is also compensated for any losses incurred due to the illegal act.

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Florida Statute 559. After a repossession order, you have no house, but you may still have the debt.In a replevin action, the rightful owner is ultimately determined … You must obtain and complete a Statement of Claims from the Broward County Clerk's Office. This will include a detailed description of the basis for your claim. RICHARD JOSE DECASTRO, Defendant. Arrest without a warrant – pursuant to § 901.15. A steep learning curve and without picking up the telephone to talk to anyone.

Broward Florida Complaint for Replevin or Repossession Without Bond and Agreed Order

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FAQ

What does replevin mean in law?

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What are the requisites for the forfeiture of the replevin bond?

What is the difference between Trover and replevin?

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What is the difference between Detinue and replevin?

What is an example of replevin?

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What is the remedy of replevin?

Interesting Questions

What is a Broward Complaint for Replevin or Repossession Without Bond?

Why would a creditor file a Broward Complaint for Replevin or Repossession Without Bond?

What is the purpose of filing an Agreed Order 705783?

Why would the creditor and debtor agree on an order for repossession without a bond?

Can a Broward Complaint for Replevin or Repossession Without Bond be filed for any type of property?

What happens if a debtor fails to respond to a Broward Complaint for Replevin or Repossession Without Bond?

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