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stevexo
stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience:  30 years helping those with Family legal needs
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I was awarded my dog in a civil court by default judgement

Resolved Question:

I was awarded my dog in a civil court by default judgement and the appeal process has lapsed. My brother stole the dog and refuses to give him back even now after judgement. I contacted the constable and local police and neither will go and get the dog without a court order. So I had my criminal atty draw up a Writ of Replevin. The judge in the same court is saying this will not work. They also said they are researching and will get back to me. I need to know exactly what I need to file to have the dog returned.

The dog has been gone for seven months and time is becoming a problem. Your quick response is much appreciated.
Submitted: 4 years ago.
Category: Family Law
Expert:  stevexo replied 4 years ago.
Something very wrong is going on here. Firstly, if you got a default judgment ,all you have to do is to get the judge to issue a writ of possession, just like if you got a regular money judgment and they will not pay. You can seize their property to satisfy the debt through a writ of possession, that this Judge should order. The Writ of Rep liven can be used for animals and is what should have been filed in the first place. That is what a person should file if there property is being wrongfully detained. It is a great vehicle as it does not take long to hear, and unlike a regular civil case it is expedited as you do not have to wait for an answer. Your writ should be heard and then the judge issues the rep liven order. But since the other case is already started, file a motion for a writ of possession and the cops will enforce that! Sincerely, Steve
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Customer: replied 4 years ago.
Okay. I spoke with the clerk there and they stated what they need right now is a "Writ of Execution for Delivery of Possession of Property". I have looked on line and cannot find a template for this. Could you please help me here? Maybe send me a template or format to use?
Expert:  stevexo replied 4 years ago.
They really cannot tell you to do the proper thing here so this is a little help. You cannot file the writ of possession the actual writ of possession is the order the judge signs. What you need to draft is the Motion for Writ of Possession and if granted the Judge signs the actual writ. I am not allowed to send any legal work as attachments from this site but I can tell you where to go. www.myfreelegalforms.com.They should have a sample motion form for the motion you need to do and the actual writ itself that the Judge signs. What they told you would be like me filing a habeas corpus which releases a defendant from jail and is the order that gets him out that can only be signed by the Judge, I have to do the Motion for Writ of Habeas, and then the judge signs the actual writ. Hope this helps, Steve
stevexo and 7 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
I went to your link and was unable to find any writ of execution or possession. Please forward me a template?
Expert:  stevexo replied 4 years ago.
Sorry, go to findforms.com. I just looked at a sample. Steve