Replevin And Contract Dispute

Summary

In Illinois, replevin and breach of contract are distinct legal actions. Replevin focuses on property recovery, while breach of contract addresses contract terms. A plaintiff can pursue replevin even if the breach of contract claim is dismissed. Presenting a strong fraud defense with evidence is crucial. Consider seeking legal advice to ensure proper presentation of your case.

Full Conversation

I am defendant in a Count I Replevin and Count II Breach of Contract
Hi ****! Thanks for sharing your situation. In Illinois, here's some general information about Replevin and Breach of Contract:
- Replevin: This is a legal action to recover personal property wrongfully taken or retained.
- Breach of Contract: This occurs when one party fails to perform their obligations under a contract.
Can you provide more details about the nature of the contract and the property involved? This will help me give you more specific information.
Plaintiff was given temporary possession of vehicle on a order by trial court. Judge left defendants fraud defense open, which was the contract that plaintiff submitted had different date and not the defendants signature, but yet the judge gave possession to plaintiff. After plaintiff received temporary possession, plaintiff voluntarily dismissed its breach of contract claim.
Thanks for the details, ****. It sounds like you are dealing with a complex legal issue involving both replevin and breach of contract. Here are some points to consider:
- Replevin: Since the judge granted temporary possession of the vehicle to the plaintiff, you should focus on presenting evidence that supports your fraud defense.
- Breach of Contract: Since the plaintiff dismissed this claim, it may simplify your defense, but keep evidence of the contract discrepancies ready.
Have you considered seeking legal assistance to ensure your evidence is properly presented?
my question is if plaintiff voluntarily dismissed the breach of contract how can they still get a replevin
Case Rating: *
****, in Illinois, replevin and breach of contract are separate legal actions. Here are some points to consider:
- Replevin: Focuses solely on the return of the property (vehicle) in question.
- Breach of Contract: Concerns the terms and obligations of the contract.
The plaintiff can dismiss the breach of contract claim and still pursue replevin if they believe they have a right to the property. Evidence supporting your fraud defense is crucial.
Would you like more specific advice or assistance with this issue?
Ally Servicing sent defendants a letter dated July *, *, notice of charge-off. Defendants called on August 10th and 17th, * Ally Servicing and spoke with multiple representatives that all stated they had no record of account with defendants names. Defendants submitted phone records and an affidavit attesting to this.
Case Rating: *
****, it sounds like you have a strong defense, especially with the evidence you provided. Here are some points to consider:
- Ensure all your documentation is well-organized and presented clearly.
- Consider the timing and details of the charge-off notice and subsequent communications with Ally Servicing.
Would you like more specific assistance or advice on the next steps in your case?
The contract in question was signed on June *, *, the title reflects this, and lien holder was Ally Financial, Inc., apparently on September *, * Ally Financial transferred or assigned Ally Bank to take legal action against defendants.
Case Rating: *
****, it seems like you have a detailed timeline and evidence that could support your defense. Since the plaintiff dismissed the breach of contract claim but is pursuing replevin, it's crucial to present your fraud defense effectively.
Would you like more specific legal advice regarding presenting your evidence or any other aspect of your case?
Defendants did not know anything about Ally Bank until Ally Bank filed suit against them for the replevin and breach of contract.
Case Rating: *
****, it sounds like you have a complex case with significant evidence. Here are some key points to consider:
- Keep detailed records of all communications and evidence.
- Focus on presenting your fraud defense effectively.
- Consider seeking legal advice to ensure all your evidence is properly presented.
Would you like more specific guidance on any particular aspect of your case?
Defendants were never asked, or demanded to give the vehicle back after the charge off letter. I am working on an emergency motion to stay judgment pending appeal of final order of replevin for permanent ownership of vehicle to Ally Bank. Ally bank did not have a competent witness or authenticated evidence
Case Rating: *
****, it seems you have a potentially strong case. Would you like to be connected to local lawyers who can better assist you with your case?
Can you give me a bit more information about the issue?
My issues are that Ally Bank did not bring witness, affidavit or evidence to conclude superior rights or ownership to vehicle. The contract they submitted was dated a different date and the electronic signature that was supposedly defendants was a computer generated font, and no where in the disclosures does it say anything about a computer generated font being used as your signature. Disclosures specifically state your electronic signatures is your electronic intent, etc. Defendants also did not willfully or unlawfully detain the vehicle, we were given no opportunity to cure, seeing that Ally Servicing had no record of our account.
Case Rating: *
****, it seems you have a strong case with several key points of evidence. Would you like to be connected to local lawyers who can better assist you with your case?
Can you give me a bit more information about the issue?