Forms of Action (Writs) to Recover Property & Damages, or Wrongfully Imprisoned, Detained, or Withheld Person(s):

     The 11 Common Law Forms of Action can be executed via various types of writs.  Another (more modern) way to activate the relief these forms of action can provide is by filing a civil action.

     The following 4 forms of action are used for the purpose of recovering property, wrongfully imprisoned, detained, or withheld persons, &/or damages caused by such losses (damages can be filed for through a tort claim):

#1.) Detinue recover “personal property” (movable or intangible assets, but not “real property” such as land or buildings)

#2.) Ejectment – an owner or occupier who was wrongfully ejected from their land (home, etc.) recovers possession, damages, & costs

#3.) Replevin – to repossess:

  • personal property” (movable or intangible assets, but not “real property” such as land or buildings) wrongfully taken
  • a person who is wrongfully detained (withheld), imprisoned, or encumbered (i.e. probation) – see Writ of Habeas Corpus

#4.) Trover  recovery damages for property wrongfully taken & then sold, given away, lost, etc.

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Back to The 11 Common Law Forms of Action

Introduction to U.S. Law

Legal Precepts Adopted (from Europe) into The U.S. Constitution

§ § of Law Embedded into the Constitution Pursuant to the American Revolution

Indian Country Law

Civil Proceedings (Torts) Self-Help

Criminal Proceedings (Crimes) Self-Help

Federal Rules of Procedure

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