Claim & Delivery

Posted in: Uncategorized- Nov 09, 2010 Comments Off

Hello readers!  It has been several weeks since my last post and that is good indication that Todd Sponseller | Attorney has been humming along.  I have had numerous inquiries as to new business and even signed up a few new clients.  This has really expanded the variety of cases that I am working on right now and it is very exciting.  The other week I had the opportunity to file a specific type of action that I had never encountered in my experience in the practice of law.  Several of the other lawyers involved (all of whom had been practicing law longer than me) related that they had never done one either.

The action is called replevin (sometimes known as “claim & delivery”) and it is brought to recover the possession of a piece of personal property.  The plaintiff must plead as to the description of the property, its value and its probable location.  The court’s only concern in a replevin action is who has the title to and the right to possess the property.  If the plaintiff establishes his or her right and title to the property, the burden then swings to the defendant to demonstrate that title and possession is rightfully his.  In certain cases, where the plaintiff moves for a seizure, the sheriff may seize the property pending the outcome of the case. In those cases, the plaintiff will be required to post a bond with the prothonotary.  Upon the final determination of the action, the property is to be delivered to the successful party.

A replevin action may be helpful in cases where someone has taken or converted an irreplaceable piece of your personal property such as a family heirloom or an item of historical significance.  Typically such items are “priceless” to their owner, which makes an assessment of money damages impractical.

An action at replevin concerns ancient property law which is something that most lawyers study during their first year of law school and then never encounter again.  My case was interesting and I was able to learn something new, which is always worthwhile.  If you have an unusual case like a potential replevin or anything else, please contact me and I would be happy to discuss it with you.

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