Legal Definitions - avowry

An avowry is a formal legal statement made by a defendant in a specific type of lawsuit called a "replevin action." A replevin action is filed by someone trying to get their personal property back from another person who has taken or is holding it.

In an avowry, the defendant admits to having taken or possessing the property in question but then provides a legal justification or reason for doing so. Essentially, it's the defendant's way of saying, "Yes, I have your property, but I had a legal right to take or keep it."

• Example 1: Mechanic's Lien

  A car owner takes their vehicle to a repair shop. After the repairs are completed, the owner refuses to pay the bill. The mechanic, asserting a valid mechanic's lien under state law, refuses to release the car until payment is made. The car owner then files a replevin action to force the mechanic to return the vehicle. In response, the mechanic files an avowry, formally acknowledging that they are holding the car but justifying their possession by explaining that they have a legal right to do so due to the unpaid repair bill and the mechanic's lien.

  This illustrates an avowry because the mechanic (defendant) admits to taking/holding the property (the car) and provides a legal justification (the mechanic's lien for unpaid services) in response to a replevin action.

• Example 2: Livestock Impoundment for Damage

  A rancher's cattle repeatedly break through a fence and graze on a neighboring farmer's cultivated fields, causing significant crop damage. After multiple warnings, the farmer decides to impound the cattle when they trespass again, holding them in a secure enclosure until the rancher agrees to pay for the damage. The rancher files a replevin action to recover their cattle. The farmer's legal response would be an avowry, where they acknowledge having taken possession of the cattle but justify their action by citing the ongoing trespass and the damage caused, asserting a legal right to hold the animals until compensation is received.

  Here, the farmer (defendant) admits to taking the property (the cattle) and justifies this taking by explaining the cattle's trespass and the resulting damage, all within the context of a replevin lawsuit.