I Want My Stuff Back

July 6, 2016

Replevin. It is basically a "give me my stuff back" cause of action. It is a way for people to get their personal property back from someone who has wrongfully or unlawfully taken it.  A replevin action is used when the person has no means of self-help to get his/her property back. Once the replevin action is filed and a Notice for Deli

 

very, Petition, and Summons has been served upon the defendant, the judge will hold a hearing to determine whether the order for prejudgment delivery of the property should issue according to the probable merit (likely factual claim) of the plaintiff's petition. This is not a judgment, it is just the judge saying that there is a likelihood that the plaintiff owns the property. 

 

 A bond is required in order to get your stuff back before a judge issues a judgment in the case. According to 12 O.S. § 1573, the bond that the plaintiff must post to get their stuff back  and out of the Defendant's control before the end of the litigation (which can last many months) is at least double the value of the goods sought.  If someone is trying to get their $13,000 custom guitar back and they want it back quickly, they would have to post a bond that is at least $26,000. 

 

Another way to get property back is to wait until the entire case can be heard at trial or settles, so that no bond is required. 

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