What is replevin ?
Replevin is a civil action brought to recover possession of personal property wrongfully held by another. In Pennsylvania, this form of action also allows for the recovery of damages. The person bringing the action, the Plaintiff, may ask merely for the court to declare that he or she is entitled to possession, or may ask the court to provide for the seizure of the property, upon the posting of security, and prior to a final determination as to the right of possession.
The primary relief sought is the return of the property; damages are incidental. It may be based on a number of legal theories, such as: replevin by breach of contract, replevin by fraud, replevin by mortgagee of property, replevin of partnership property, or replevin of property held pursuant to a repairman/s lien. Where property is held pursuant to a repairman’s lien, damages for loss of use are generally not recoverable until the plaintiff posts sufficient security, regardless of the form of the action. Possessory liens are fundamentally consensual in nature, arising from an agreement, either express or implied, between the owner of the goods and the artisan who renders services for those goods. Whenever a workman or artisan, by his or her labor or skill, increases the value of personal property placed in that person’s possession to be improved, the artisan or repair person has a lien upon it for the proper charges, until paid. The labor for which the lien is claimed must have been done at the request of the owner or under circumstances from which this assent can be reasonably implied.
If you have provided services and have not been paid, you may have the right to retain possession. If your property has been held by another after repairs or refurbishment and there is a dispute over what is owed, Protecting you rights requires access to extensive resources, including the trusted legal counsel of a business attorney.
Free In Office Consultations, Payment Plans Available
Over 30 Years Experience
Pennsylvania Business Attorney
Call Attorney C. Stephen Gurdin Jr. at his Gurdin Law Wilkes-Barre Scranton Pennsylvania area office today, 570.826.0481, or email to Stephen@gurdinlaw.com
What is replevin ?