Replevin Attorney in New Jersey Explains Replevin
If you do business in the New York metropolitan area or anywhere in the Garden State, there may come a time when you will require the services of a replevin attorney in New Jersey. Ideally, you will never run into a business situation that will call for replevin; however, it is important for you to know about this method of legal recourse. The following is what you need to know about replevin:
Business law is one of the most diverse and complex fields of practice in the legal profession. This is particularly so in jurisdictions such as New Jersey. New Jersey is known to be litigious to a certain extent. Within this litigious complexity, court parties have access to certain remedies to assert their positions and interests with regard to business dealings. Replevin is one of these remedies. In essence, replevin is a legal remedy that allows litigants to recover property from another party. Replevin may be the nature of an entire lawsuit. However, you may also introduce it as a motion within an ongoing civil litigation.
Elements of Replevin
There are two basic elements of replevin:
- The claim, which you make in a court filing.
- The actual delivery of the property. This is usually a court order that may include monitoring to ascertain that the replevin procedure was completed in accordance to the New Jersey Revised Statutes and the court’s civil procedure manual
It is important to note that replevin differs from the strategy of seeking compensation in the sense that the intention is to get the actual property back. Let’s say you own a used car lot that provides in-house financing. One of your customers agrees to buy a 1986 Ford Mustang SVO after you extend her a loan of a few thousand dollars. If your new borrower defaults on the loan, you may want to file for replevin. By doing so you can get the classic Mustang back from her, since this is a classic car with greater revenue potential for your business.
You Should Contact an Experienced Replevin Attorney in New Jersey If:
- Your landlord evicted you and kept your property.
- You are expecting to receive an inheritance, and someone is denying you the right to hold that property.
- Your business was the subject of theft, and your property was recovered but never returned.
- You allowed a business associate to use equipment that they never returned.
A creditor wrongfully seized or took your property. When it comes to pursuing replevin actions in court, the accuracy of the filing is crucial to endure that the claim will be delivered. To this effect, you should seek an experienced law firm to handle this matter for you as soon as possible.
Stating an incorrect cause of action or failing to establish the right to claim without encumbrances may prevent a litigant from recovering his or her property. You must assert the legal authority of a replevin motion insofar as proving legal authority to make the claim and posting the proper bond, if required by local court rules. There is always a chance that the party who is being sued may lose, damage or destroy the property. This may subsequently require a course of action whereby the respondent must pay for the loss and legal costs. Therefore, for all these reasons, you should retain the services of a replevin attorney in New Jersey. Call Snellings Law LLC at (973) 265-6100.