Legal Definitions - retorno habendo

The term retorno habendo (often seen as de retorno habendo) is a historical legal phrase from Latin that refers to a specific type of court order. It was issued in situations where personal property had been lawfully seized by one party (for example, a landlord seizing a tenant's goods for unpaid rent or a lender repossessing collateral). If the original owner of the property then initiated a legal action called "replevin" to temporarily reclaim their property while the dispute was resolved, and the court subsequently determined that the initial seizure was, in fact, lawful and justified, the court would issue a writ of retorno habendo. This writ commanded the return of the property to the party who had originally seized it, ensuring that the rightful possessor regained control after a legal challenge to their seizure failed.

Here are some examples to illustrate this concept:

• Example 1: Landlord-Tenant Dispute

  A landlord, following the terms of a lease agreement and local law, seizes a tenant's non-essential belongings (like a television and stereo system) because the tenant has failed to pay rent for several months. The tenant disputes the landlord's right to seize the items and files a replevin action, successfully obtaining a temporary court order to have their belongings returned to them while the case proceeds. After a full hearing, the court reviews the evidence and rules that the landlord's initial seizure was entirely lawful due to the unpaid rent. In this scenario, the court would issue a writ of retorno habendo, ordering the tenant to return the television and stereo system to the landlord, thereby restoring the landlord's rightful possession.

• Example 2: Loan Default and Collateral

  A small business owner defaults on a loan, and the lender, as stipulated in the loan agreement, repossesses a valuable piece of manufacturing equipment that was put up as collateral. The business owner argues that the default was not valid and manages to secure a temporary court order (through replevin) to have the equipment returned to their factory so they can continue operations while the legal dispute unfolds. If the court ultimately finds that the business owner was indeed in default and the lender had a legal right to repossess the equipment, the court would then issue a retorno habendo writ, compelling the business owner to return the manufacturing equipment to the lender.

• Example 3: Impounded Vehicle

  A city's parking enforcement department impounds a car that has accumulated numerous unpaid parking tickets and has been deemed abandoned. The car's owner, claiming the tickets were issued in error and the impoundment was unlawful, files a replevin action and temporarily gets the vehicle back. After a thorough review of the evidence, the court determines that the city's impoundment was lawful due to the outstanding tickets and the owner's failure to address them. The court would then issue a retorno habendo order, requiring the vehicle to be returned to the city's impound lot, as the city's original right to seize the vehicle was upheld.