In most jurisdictions, since there is no criminalisation of looting, the most successful litigation strategy is to bring a claim for
replevin.
Replevin claims involve "an action for prepossession of personal property wrongfully taken or detained by the defendant, whereby the plaintiff gives security for and holds the property until the court decides who owns it." (24) In order to recover the property, the claimant must show rightful title to the artwork.
free to pursue state
replevin claims to recover property that is
an action of
replevin "to recover the possession of personal
In a 6-3 decision delivered by Justice Sandra Day O'Connor, the Court rejected qualified immunity for private defendants, stating it is not available to private defendants charged with 1983 liability who reasonably invoke state
replevin garnishment, or attachment statutes.
It argued that, despite their agreement, the pieces of property sought to be seized are immovable as defined in Article 415 of the Civil Code, and thus cannot be made subjects of a writ of
replevin.
action for
replevin of goods or chattels must be commenced within six
(17) A
replevin claim allows a private party to bring an action to
1018 (1984) (denying the motion for leave to file a bill of complaint in a
replevin action); Justices Reject Documents Battle Between Ohio Group, Louisiana, TOL.
Now Sam Levine has been forced to file a
Replevin and Conversion lawsuit against Sonia Levine in Fulton County Superior Court to try to recover his beloved dog Sugar who he is very dependent on.
Form 24 FOR COMES NOW the Plaintiff, above-named, by and through its attorneys of record, and moves this Honorable Court issue a Writ of Assistance to the Sheriff of the County of , State of Colorado, enabling the Sheriff to call to his aid the powers of his County, in accordance with Rule 104(h), in order that the Sheriff may execute the Writ of
Replevin heretofore entered in the premises....
The cause of action in McLaughlin sounded in
replevin and the Third Department refused to borrow California's statute of limitations and went on to apply the shorter New York period.
possessions under a writ of
replevin is entirely different from the
