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Writ of Replevin Use

Replevin actions are quite common and can be categorized into two different types of actions.

One type of action is when the party who is filling the proceeding is willing to wait for adjudication of final rights by the court.

The other occurs when the creditor wants immediate ownership of property.  Under this scenario, the creditor must typically post a bond to safeguard the defendant against the wrongful confinement of the property.

This strategy can be remarkably effective when someone is holding property wrongfully to ultimately put pressure on them to settle the matter quickly.

This course of action denies the holder the usage of the property while the case is waiting for trial.  In some states, a defendant who disposes or destroys the property in dispute may be charged with contempt of court. Likewise, the court may order an award of money damages and associated fees to the other party.

 

360 Legal, Inc. 

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Writ of Replevin – 2nd in a Series

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