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Simple English definitions for legal terms
retorno habendo
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A quick definition of retorno habendo:
Term: RETORNO HABENDO
Definition: Retorno habendo is a legal term that means "for having a return." It is used in three situations: (1) when a defendant wins a replevin action, (2) when a writ of execution is issued for a defendant who has won a replevin action, and (3) when a plaintiff provides a surety at the beginning of a replevin action. Replevin is a legal action that allows a person to recover property that has been wrongfully taken or detained by another party.
A more thorough explanation:
RETORNO HABENDO
Retorno habendo is a legal term that means "for having a return." It is used in the context of a replevin action, which is a legal action to recover possession of personal property that has been wrongfully taken or detained.
Examples of how the term is used include:
- If a defendant is awarded judgment in a replevin action, they may be granted a writ of execution with the phrase "de retorno habendo" to enforce the judgment and recover the property.
- If a plaintiff initiates a replevin action, they may be required to provide a surety at the beginning of the case to ensure that they will return the property if the defendant is awarded judgment.
These examples illustrate how the term "retorno habendo" is used in the specific context of a replevin action, and how it relates to the recovery of personal property.