When someone has property that has been wrongfully taken from them, or property that was otherwise wrongfully detained, they may work to get the property back via the legal process known as replevin. Please continue reading and speak with our knowledgeable Maryland replevin lawyer to learn more about replevin in Maryland and how our firm can assist you in the pursuit of your rightful property. Here are some of the questions you may have:
What are some circumstances that may warrant a replevin in Maryland?
There are various circumstances that may warrant replevins. For instance, creditors can seek replevin on certain assets when debtors miss payments. In other cases, family members can file a replevin against the administrator of an estate if they believe that the administrator is withholding property. People can also file replevins for more personal possessions, such as pets and furniture, in an effort to have this wrongly confiscated property returned.
What is the replevin process like in Maryland?
To initiate the replevin process with your attorney, you will file a Complaint form, a Show Cause Order, and a Request for Service. You must pay a filing fee and an additional fee if you want the sheriff to serve the defendant with the summons. The court will then issue a Show Cause Order notifying the defendant of the case. After the defendant has been served, the court will schedule a Show Cause Hearing within three weeks. Your Show Cause Hearing is where the presiding judge will make a preliminary decision regarding whether the property should be returned to you until the date of your trial. If it is returned to you, you may have to pay a bond until trial. At trial, the court will have to determine whether you or the defendant are the rightful property owner. If you can prove that you are the rightful property owner, you will have the property returned to you.
How can I defend myself against a replevin action in Maryland?
If you had a replevin action filed against you and you believe that you are the rightful owner of the property, you will have to respond at the show cause hearing, wherein you must present evidence proving that you are the rightful owner. In certain cases, you will have to post a bond to retain the property prior to trial. If you have any further questions about replevin in Maryland, please do not hesitate to speak with our experienced Maryland replevin lawyer today.
Contact our experienced Maryland firm
The Law Offices of Debra A. Saltz has decades of experience representing clients in Anne Arundel County and Howard County, Maryland who need legal assistance for criminal defense or personal injury matters. Contact the Law Offices of Debra A. Saltz today to discuss your case.