Replevin
Statutes
"A person may maintain an action of replevin for goods in the county in which the goods are detained in any of the following circumstances: When goods are unlawfully taken or unlawfully detained from the owner or person entitled to the possession thereof; When goods or chattels which are attached on mesne process or taken in execution are claimed by a person other than the defendant in the action or debtor in the execution; When goods are attached or taken in execution and are claimed by the defendant in the action or debtor in the execution as exempt from attachment and levy. (12 V.S.A. § 5331)
When the goods which are replevied had been attached, they shall, in case of a judgment for return, be held liable to the attachment and to levy of execution in the same manner as though replevin thereof had not been made. When final judgment is rendered before the return of the goods or if the goods, when replevied, were seized and held on execution, they shall be held subject to the same attachment or seizure for 30 days after the return, in order that the execution may be served thereon or the service completed, as it might have been if the goods had not been replevied. (12 V.S.A. § 5336)
When it appears upon the default of the defendant, or upon trial in the action of replevin, that the goods were unlawfully taken or attached or unlawfully detained by the defendant, the plaintiff shall have judgment for his or her damages caused thereby, and his or her costs. (12 V.S.A. § 5338)"
Cases
Comments
Contributors
The statutory information was edited and reviewed with the support of MultiState