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, particularly in jurisdictions such as New Jersey, which is known to be litigious to a certain extent. Within this litigious complexity, court parties are entitled 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. Although replevin may be the nature of an entire lawsuit, it may also be introduced as a motion within an ongoing civil litigation.
Elements of Replevin
There are two basic elements of replevin: the first one is the claim, which is made in a court filing, and the second is the actual delivery of the property, which 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, and 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 and 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 was never returned.
Your property was wrongfully seized or taken by a creditor. 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. 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. The legal authority of a replevin motion must be asserted 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, which may require a course of action whereby the respondent must pay for the loss and legal costs. For all these reasons, you should retain the services of a replevin attorney in New Jersey. Call Snellings Law LLC at (973) 265-6100.