Monday, 3 August 2015

Leasing & Replevin - Hood and stacy



In addition to representing banks and other lending institutions, Hood & Stacy’s attorneys have been actively involved in representing collateral lenders throughout the United States for over 20 years.

Our firm has special focus on the execution of leasing agreements and is a proud member of the Lease Enforcement Attorney Network (LEAN). 



The use of a replevin claim in connection with a breach of a contract case can have the same impact as a preliminary injunction where the subject of a dispute concerns personal property. A replevin action is where a plaintiff brings a claim asking the return of wrongfully held property during a pending lawsuit for damages or breach of contract. Like a preliminary injunction, a replevin claim is initiated in Colorado upon filing a sworn pleading with the court. The court will set an evidentiary hearing (called a show cause hearing) within 14 days where the judge is asked whether the property held by the defendant should be taken and given to the plaintiff. The court may make preliminary factual findings as to the ownership or rights to possession in the property pending final resolution of the case.

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