Legal Definitions - de retorno habendo

de retorno habendo

This Latin legal phrase translates to "for having a return." It refers to the right, order, or security related to the return of personal property, specifically within the context of a legal action called replevin. A replevin action is a lawsuit filed to recover personal property that has been wrongfully taken or is being wrongfully withheld from its rightful owner.

The term de retorno habendo can apply in several ways:

• A court judgment: When a defendant in a replevin action wins the case, the judgment may include an order for the property to be returned to them, or for them to retain possession if the plaintiff had temporarily taken it.
• A writ of execution: If a defendant wins a replevin action and the property is not returned as ordered, they can obtain a court order (a writ) compelling the return of the property.
• A plaintiff's security: At the beginning of a replevin action, if the plaintiff wants to take immediate possession of the property before the case is fully decided, they often must provide a bond or other security. This security guarantees that if the court ultimately rules in favor of the defendant, the plaintiff will return the property and cover any associated damages.

Here are some examples illustrating de retorno habendo:

• Example 1 (Court Judgment for Defendant):

  Imagine a situation where a vintage car collector (Plaintiff) claims a rare antique car currently held by an auction house (Defendant) is rightfully theirs, having been stolen years ago. The collector files a replevin action to get the car back. After reviewing all the evidence, the court determines that the auction house legally acquired the car and is its rightful owner. The court's judgment would include an order of de retorno habendo, confirming the auction house's right to retain possession of the car, or if the collector had temporarily taken it, for it to be returned to the auction house. This illustrates the defendant "having a return" or retaining possession of the property.

• Example 2 (Plaintiff's Security):

  A small business owner (Plaintiff) discovers that a valuable piece of specialized machinery, which they believe was unlawfully taken, is being used by a competitor (Defendant). The business owner files a replevin action and asks the court for an immediate order to seize the machinery from the competitor while the lawsuit proceeds. To grant this immediate seizure, the court requires the business owner to post a substantial bond. This bond serves as a de retorno habendo surety, ensuring that if the court later rules the machinery rightfully belongs to the competitor, the business owner will return it and compensate the competitor for any losses or damages incurred during the temporary seizure.

• Example 3 (Writ of Execution for Defendant):

  Consider a scenario where a person (Plaintiff) files a replevin action against their former roommate (Defendant), claiming ownership of a high-end gaming computer. Through a temporary court order, the Plaintiff manages to take possession of the computer while the case is ongoing. After a full trial, the court rules that the computer actually belongs to the Defendant. The judgment orders the Plaintiff to return the computer to the Defendant. If the Plaintiff refuses to comply, the Defendant can then apply for a writ of de retorno habendo. This writ is a formal court order compelling the Plaintiff to return the computer, and it can be enforced by law enforcement if necessary, ensuring the Defendant "has a return" of their rightful property.