How is this process different from replevin, or are they one & the same?
Black's:
Replevin. An action whereby the owner or
person entitled to repossession of goods or chattels may
recover those goods or chattels from one who has wrongfully
distrained or taken or who wrongfully detains such
goods or chattels. Jim's Furniture Mart, Inc. v. Harris,
42 Ill.App.3d 488, 1 Ill.Dec. 175, 176, 356 N.E.2d 175,
176. Also refers to a provisional remedy that is an
incident of a replevin action which allows the plaintiff
at any time before judgment to take the disputed property
from the defendant and hold the property pendente
lite. Other names for replevin include Claim and delivery,
Detinue, Revendication, and Sequestration (q. v.).
Under the following conditions a buyer of goods may
have the right of replevin: "The buyer has a right of
replevin for goods identified to the contract if after
reasonable effort he is unable to effect cover for such
goods or the circumstances reasonably indicate that
such effort will be unavailing or if the goods have been
shipped under reservation and satisfaction of the security
interest in them has been made or tendered." See
U.C.C. � 2-711(2)(b); � 2-716(3).
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Last Updated: May 13, 2013 3:10 PM
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