1. An action seeking return of personal property wrongfully taken or held by the defendant. Rules on replevin actions vary by jurisdiction. See State Civil Procedure Rules; Rule 64 of the Federal Rules of Civil Procedure. Creditors use replevin actions to recover collateral when debtors default on secured loans. For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments. See Debtor and Creditor Law.
2. 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.
Definition from Nolo’s Plain-English Law Dictionary
A type of legal action where the owner of movable goods is given the right to recover them from someone who shouldnt have them. Replevin is often used in disputes between buyers and sellers -- for example, a seller might bring a replevin action to reclaim goods from a buyer who failed to pay for them.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:23 pm