OT: court case jargon

Discussion in 'Band of Glockers' started by jimbullet, May 10, 2007.

  1. jimbullet

    jimbullet

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    Question to lawyers.

    Does a replevin court case apply to vehicles under chattel mortgage and/ or equipment bolted to the ground under mortgage?
     
  2. horge

    horge -=-=-=-=- Lifetime Member

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    IANAL, nor play one on TV, but AFAIK...
    Whether it's bolted or otherwise anchored is mostly irrelevant.
    Ownership is the issue.

    Then again, there's anchored, and then there's REALLY anchored.
    The party in possession may try to reason (lie) that the
    articles are permanently anchored, to avoid surrendering them.

    If the article is permanently anchored in a manner
    that excludes recovery, then replevin can be (practically) moot.
    Normally kasi,when goods cannot be returned to the owner,
    equivalent, monetary compensation is discussed, e ang problema nga,
    replevin is merely an adjunct to the ongoing, main suit, di ba?

    Hindi na nga ma-settle amicably ang main suit, aasa pa na
    compensation for the articles subject to replevin are
    going to be amicably agreed upon... uh-huh. Suuuuure.


    As far as vehicles purchased via chattel mortgage financing go...
    Kapag mortgage, na-kanino ang papeles? Kanino naka-pangalan?
    Who thus, presently, legally "owns" the goods in question,
    with documentary proof of ownership?

    IANAL nga, pero ang tingin ko...
    If that same person (or juridical entity) is already in possession
    of the article they legally own, then there are no grounds for
    replevin. By the time you prove a default on mortgage payments
    it's seizure time, and replevin is moot again.

    JM2P and again, IANAL.
    :)
    horge
     

  3. Allegra

    Allegra

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    In short , sunugin mo nalang :)

    Horge , is that you on your avatar?
    Your so fafable pala
    I thought you were an older profesorial looking dude w/ thick glasses hehe
     
  4. jimbullet

    jimbullet

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    Thanks for the info....




    :thumbsup:
     
  5. horge

    horge -=-=-=-=- Lifetime Member

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    Yes, that's me in my avatar.
    As for being 'fafable'...
    I'll imagine there's a compliment in there somewhere.
    ;)