Property rights are an essential piece of the American experience. America’s founders understood that private property was the cornerstone of freedom. If you live in Maryland and you believe that your personal property was wrongfully detained or taken from you, it is important to protect your rights and pursue the legal process of retrieving this property, known as replevin. The Law Offices of Debra A. Saltz, LLC has significant experience handling replevin cases in Anne Arundel and Howard County, and throughout the great state of Maryland. Continue reading and contact our Maryland firm to learn more about the process and how a Maryland replevin lawyer at The Law Offices of Debra A. Saltz, LLC can assist you.
Common Instances That May Warrant a Replevin
There are many scenarios that may warrant a replevin, and they cover a wide span of legal issues. For example, if a debtor owes a creditor money for a loan on a car and the debtor defaults on the loan, the creditor may seek a replevin and repossession of the car. In other cases, there are times where a family member may seek the return of property being withheld by an administrator of an estate and file a replevin. A person may also seek possession of pets, furniture, electronics, and more. Generally speaking, if an individual believes that he or she has had property wrongly taken or seized from him or her, he or she can take legal action to seek replevin and have the property returned.
How Do I File a Replevin in Maryland?
First, you should hire an experienced attorney who has filed replevins in the past and who understands the ins and outs of the law. From here, you will file a Complaint form, as well as a Request for Service and a Show Cause Order. You will then have to pay a filing fee, as well as an additional fee, if you want the court to serve the defendant with the summons. From here, the court will issue a Show Cause Order to notify the defendant that you are filing a suit against them. Once the defendant has been served the summons, the court will schedule a Show Cause Hearing within three weeks of the issuance of the Show Cause Order. At the Show Cause Hearing, the presiding judge will most likely make a preliminary decision regarding your case. Sometimes, the judge may order the property be returned to you until the date of your trial. Typically, the judge will require the holder of the property to post a monetary bond with the court.
At the trial, the court will determine which party is the rightful owner of the property in question. Our firm can work to ensure that you have sufficient evidence to prove your case. The judge will formally decide which party truly owns the property in question and whether the property should be returned to you. As long as you can prove your case, you should have your rightful property returned.
How Do I Defend a Replevin Action in Maryland?
You may also need to defend a replevin filed against you. If you are in possession of property that someone else claims as theirs, you will have to respond at the show cause hearing. You will need to present evidence that the property belongs to you. You may also have to post a bond in order to retain it prior to trial. Debra Saltz can defend your property rights at a show cause hearing or trial.
Contact our Maryland Replevin Lawyer
The Law Offices of Debra A. Saltz, LLC recognizes the need to protect your property rights. If you have any further questions regarding replevin in Maryland, or believe you are entitled to property that was wrongfully detained or taken from you, contact a seasoned Maryland replevin lawyer at our firm today to learn more about how we can assist you. We are always here to help.
