Understanding Civil Causes of Action - Claim and Delivery: Your Rights and Remedies
Definition & Meaning
A civil cause of action for claim and delivery is a legal process initiated by an individual who asserts a special interest in specific property. This individual believes that the property has been wrongfully taken or is being unlawfully held by another party. The person filing the claim can request a court order to ensure that the property is not destroyed, sold, or removed from the court's jurisdiction while the case is being resolved.
Legal Use & context
This term is primarily used in civil law, particularly in cases involving property disputes. Claim and delivery actions are common in situations where a person seeks to recover personal property, such as vehicles, equipment, or other tangible items. Users may be able to manage these legal proceedings themselves by utilizing legal templates available through services like US Legal Forms, which provide documents drafted by qualified attorneys.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person loans their car to a friend, but the friend refuses to return it. The owner can file a claim and delivery action to recover their vehicle.
Example 2: A business owner has equipment that was rented out but not returned. They can initiate a claim and delivery process to reclaim their property. (hypothetical example)