Definitions for replevinrɪˈplɛv ɪn
This page provides all possible meanings and translations of the word replevin
an action to recover personal property unlawfully taken; the writ or procedure of such action
Origin: Anglo-Norman, from Old French replevir ‘recover’, from re- + plevir (apparently from a Germanic word which was also the source of English pledge).
a personal action which lies to recover possession of goods and chattle wrongfully taken or detained. Originally, it was a remedy peculiar to cases for wrongful distress, but it may generally now be brought in all cases of wrongful taking or detention
the writ by which goods and chattels are replevied
Origin: [LL. replevina. See Replevy, and cf. Plevin.]
In creditors' rights law, replevin, sometimes known as "claim and delivery," is a legal remedy for a person to recover goods unlawfully withheld from his or her possession, by means of a special form of legal process in which a court may require a defendant to return specific goods to the plaintiff at the outset of the action. In other situations, a party seeking relief may elect to adjudicate the right to possession prior to obtaining immediate relief to obtain the property in question. In such cases, replevin actions are still designed to afford the petitioning party a relatively speedy process for obtaining judgment, as compared to typical lawsuits. The summary remedy afforded by replevin statutes can be thwarted by defendants who contest the claimant's right to possession, by contesting the plaintiff's complaint, and insisting on traditional litigation involving discovery, and in some cases, trial by jury. Replevin actions are often filed by secured creditors seeking to take possession of collateral securing loans or other debt instruments, such as retail installment contracts. A common example is where an automobile finance company initiates a replevin action to gain possession of a vehicle, following payment default. Replevin actions are usually employed when the lender cannot find the collateral, or cannot peacefully obtain it through self-help repossession. Replevin actions may also be pursued by true owners of property, e.g., consignors seeking return of consigned property that the party in possession will not relinquish for one reason or another.
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