A Replevin Fairy Tale
Once upon a time, there was a lonely man named Joe, who was long ago divorced, and a lonely woman named Phoebe, who was very recently divorced. Joe lent Phoebe some furniture which she refused to return. And this is the story of Joe and Phoebe and the Replevin.
Joe lends his TV, microwave, and heirloom antique kitchen table & chair set to Phoebe temporarily after Phoebe’s nasty divorce, so Phoebe can start a new home. Four months later, Joe asks Phoebe to return his items to him, because after all they were a loan and Joe wants them back. Phoebe tells Joe that she is keeping them “as repayment” for the money that she lent him. Phoebe also says that she is going to sell Joe’s things to Stan’s Pawn Shop if she doesn’t burn them to ashes first. Joe really needs to get his belongings back. Joe calls Officer Jones, local police department, and says “Phoebe stole my furniture and appliances. Can you get them back for me? Joe tells Officer Jones what happened. Officer Jones says to Joe, “Well, I am sorry but this is not actually a theft. You yourself willingly let Phoebe borrow those items. This is a civil case, Joe, not a criminal case.” What can Joe do?
Joe is a sensible guy and he knows that if uses “self help” and breaks into Phoebe’s house and grab what’s his, Joe will probably get arrested and charged with breaking and entering or worse.
Joe pays a visit to his attorney, who we will call “Rebecca.” Joe knows Rebecca will take good care of him and give him good advice, and at a reasonable cost, too. Attorney Rebecca explains to Joe that he will probably have to file a “replevin” in order to get his items back. She tells him that a replevin is a court proceeding (lawsuit) where Joe must file a legal complaint saying that Phoebe has Joe’s things and has no legal right to keep them, and that Joe wants the court to order the sheriff to get them. In Illinois Replevins are governed by Illinois statute 735 ILCS 5/19-101 through 129. Rebecca explains to Joe that generally these proceedings can be handled quickly but that Joe must post a surety bond for double the value of the property. After discussing the cost of the replevin case and what is involved, Joe must decide if it is worth filing a replevin for property valued at $1500.00.
However, given that the kitchen set was from Joe’s grandma and was his inheritance, Joe decides that the sentimental value of the items are worth the legal fees. Joe has a good job and he can handle it.
Joe (through his attorney) files a replevin complaint, signed under oath, with the surety bond and they go to court without telling Phoebe. They ask the judge to grant a “waiver” from the requirement that Phoebe gets 5 days’ advance notice of the court date. (This is because Phoebe threatened to sell Joe’s items to Stan’s Pawn Shop or burn them up.) The judge signs an order and directs the sheriff to seize the property. Joe goes to Phoebe’s house with the deputy and collects his items. Phoebe runs out of the house cussing and screaming and calling Joe a “dirtbag,” but when she sees the County Sheriff’s car in the driveway, she stalks back in the house. The deputy hands Phoebe the summons and complaint, bond and court order. The paperwork also has the next court date on it. Joe loads his belongings into his truck and leaves.
There is another court date because Phoebe is entitled to her day in court, too. If Joe has wrongfully taken these items and if they are not actually Joe’s property, Phoebe has the right to explain this to the Judge. If Joe has used the courts to take items that aren’t his to take, Phoebe is entitled to compensation and return of the property. This court date is to protect Phoebe’s rights, if she has any.
Phoebe shows up for the court date and explains to Judge McDowell, “Joe owes me $100 and he refuses to pay me. I only kept his things so he would have to pay me back.” Phoebe admits threatening to sell Joe’s things to Stan the Pawnbroker, but denies that she threatened to burn them up. Judge McDowell tells Phoebe that since she did not file an official response to the complaint pleading a set-off, that she would have to file a small claim to get her money. But, Judge McDowell is a sensible man and asks Joe and his lawyer if Joe really owes Phoebe $100. Joe says it is true and says that he did not want to pay Phoebe since she refused to give him back his grandmother’s kitchen set, even though she knew what it meant to him. Judge McDowell “strongly suggests” that Joe pay Phoebe back her money as soon as possible, as he is not going to be happy if he sees them in small claims court. Joe takes the Judge’s suggestion to heart and pays Phoebe.
Everyone leaves the courthouse happy. Joe has his things, even though it cost him quite a bit in legal fees. Phoebe has her money that Joe owes her, and they all feel that they have had their day in court.
Phoebe realizes that she is really attracted to Joe’s financial stability and Joe realizes that he is really attracted to Phoebe’s hot temper.
Joe and Phoebe make up, get married and live happily ever after in a single family home with a white picket fence and 2 kids (hers from her prior marriage) and a dog. (Joe’s from a prior marriage.) Phoebe also slays a dragon for Joe, but that is another blog post.
The End.
