Queens New York Writ of Replevin or Repossession

Name: Queens New York Writ of Replevin or Repossession
Brand: US Legal Forms
Rating: 4.67 (287 reviews)

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Queens

Control #:

US-01275

Format:

Instant download

Description

This form is a Writ of Replevin. The Writ of Replevin provides that the sheriff or any law enforcement officer may take into possession certain property identified on sale tickets attached to the Writ. The document also requests that the defendant be summoned to appear before the court and to answer the suit of the plaintiff for the wrongful detention of the property.

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How to fill out Queens New York Writ Of Replevin Or Repossession?

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FAQ

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.

In tort law, detinue (/02c8d025bt026a02ccnju02d0/) is an action to recover for the wrongful taking of personal property. It is initiated by an individual who claims to have a greater right to their immediate possession than the current possessor.

Replevin is one of a group of remedies for conversion, the wrongful taking or withholding of personal property. Its significant feature is the return of the item itself, not just its money valueuseful in instances in which, for example, a family heirloom is taken (compare trover).

A writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions). Replevin may be ordered as a final judgment, or in some jurisdictions, as a provisional remedy. property law.

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 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.

Repossession is the act by a creditor, or an agent hired by a creditor, to take possession of a debtor's property that has been put up as a security interest or collateral. This happens when the debtor has defaulted on the debt and has failed to pay the creditor.

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.

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.

: 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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The secured party can try to repossess the item without judicial process "if it proceeds without breach of the peace" under Minn. Stat. The law does not allow the lienholder to repossess the car but they must appear in court to get a replevin order.Rules respecting replevin orders and interpleader proceedings.

Queens New York Writ of Replevin or Repossession

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FAQ

What does detinue mean?

What is a detinue in court?

What is the difference between conversion and replevin?

What is replevin property law?

What is the difference between Trover and replevin?

What is the difference between Detinue and replevin?

What is the legal term for repossession?

What is a trover action?

What is case type detinue?

What is a trover in legal terms?

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What is a Queens Writ of Replevin or Repossession?

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