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Small Claims vs. Replevin

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trussell

Junior Member
What is the name of your state (only U.S. law)? What is the name of your state (only U.S. law)? Mississippi

My fiance and I ended our 3 year relationship back in February. We lived together and I brought my possessions into her house as well as bought a few new items, mainly furniture, along the way (which I can prove.) We have been on again off again arguing throughout the past 7 months mainly about her unwillingness to allow me to retrieve my property. During one of our "on again" moments last month, she asked to borrow $350 which she said she would pay back (which I can prove.) She finally allowed me to come retrieve my possessions, only because her house was foreclosed on and she had already moved her stuff out. When I arrived to get my things, I noticed that more than half of it was gone! When asked about it she said she didn't have anything else that belonged to me. I feel sure her storage building tells a different story. I asked when she planned on paying back the money and she said she didn't owe me anything! Like I said, I feel sure I enough evidence to support my case but my question is this. The court clerk told me I would have to file a replevin for the possessions and take on a small claims case to retrieve the money. Can this not all be dealt with under one small claims suit? Divided up these cases would be petty and almost not worth the embarrassment. someone told me to assign a monetary value to the possessions and run it all together. This would get it in front of the judge and he would sort it out from there. I would rather just deal with one lawsuit if possible.
 


JETX

Senior Member
The court clerk told me I would have to file a replevin for the possessions and take on a small claims case to retrieve the money. Can this not all be dealt with under one small claims suit?
No. Small claims courts cannot hear issues of 'return property'. They are for MONETARY claims only.

What you need to do is to determine the full CURRENT value (not original retail, but the 'fair market value') of ALL the property, then file your lawsuit for the FULL monetary value of the damages. At the hearing, she MAY agree to return the property to offset monetary claim, but that would be up to you and the court to accept.
 

Zigner

Senior Member, Non-Attorney
No. Small claims courts cannot hear issues of 'return property'. They are for MONETARY claims only.
That is incorrect. MS Small Claims allows for Replevin: https://law.freeadvice.com/general_practice/legal_remedies/replevin_legal.htm
 

JETX

Senior Member
That is incorrect. MS Small Claims allows for Replevin: Replevin - "Claim and Delivery"
You are correct... I was not. Unlike MOST states, replevin is one of the claims that can be heard in Mississippi small claims.

However, that really WASN'T what the OP asked.
"Can this not all be dealt with under one small claims suit?"
And my answer is still correct on how that can be done.

replevin
n. under common law, the right to bring a lawsuit for recovery of goods improperly taken by another. In almost all states the term replevin in no longer used, since the states have adopted "one cause of action" for all civil wrongs.
 

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