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.
Collin Texas Complaint for Replevin or Repossession Without Bond and Agreed Order
Category:
State:
Multi-State
County:
Collin
Control #:
US-01273
Format:
Word;
Rich Text
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FAQ
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.
Replevin is so usually described as a mixed action, being partly in rem and partly in personam in rem insofar as the recovery of specific property is concerned, and in personam as regards to damages involved.
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.
: 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
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.
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.
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.
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.