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Has anyone had property replevied under chapter 59.02?

We seized a car. Defendant had a valuation done. He is willing to post a bond for more than twice the amount it's worth.

I have never dealt with this issue and am utterly lost. I appreciate any help.

Could someone walk me through the steps, starting with what needs to be filed?

Is it a special kind of bond?
(I have only done appellate work for a COA and criminal work....in my world, there's only 1 kind of bond and that's the kind you forfeit for not showing up.)

Presumably the defendant needs to file some kind of a motion. But what do I need to make sure is in the motion?

Does the lien holder need to be notified?
If so, what say do they have?
Do I need to notify them?

Is this a hearing situation or can the judge just sign the motion?

What happens after he gets the car back?
If we later do an agreed order with the criminal case, what procedurally needs to done?

Thanks in advance for any help.
 
Posts: 286 | Registered: February 13, 2006Reply With QuoteReport This Post
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Call me and I will try to answer your questions. Wink
 
Posts: 188 | Location: Lubbock, Texas USA | Registered: October 04, 2002Reply With QuoteReport This Post
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