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

Santa Clara California Complaint for Replevin or Repossession Without Bond and Agreed Order

Name: Santa Clara California 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:

Santa Clara

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

Trover is an action brought to recover the value of personal items of property, wrongfully converted by another to his own use. The action seeks a remedy for the conversion, not the taking of the item. The remedy sought is the replacement value of the property before it was converted for the other's use.

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.

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.

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.

Trover, a form of lawsuit in common-law countries (e.g., England, Commonwealth countries, and the United States) for recovery of damages for wrongful taking of personal property.

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.

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.

Trover is the name of the action which lay, at common law, for the recovery of damages for the conversion of personal property in his possession, usually involving chattels held in bailment.

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.

: an action at common law to recover the value of chattels or goods wrongfully converted by another to his or her own use compare detinue.

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Santa Clara California Complaint for Replevin or Repossession Without Bond and Agreed Order

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