Claim and Delivery is a provisional California Collection Law remedy that enables the plaintiff in an action for recover of specific, tangible personal proeprty in the defendant’s possession to obtain possession of the property prior to judgment.
The Claim and Delivery procedure is most often used when the personal property sought is security for the repayment of a debt now in default. It is also used by California Collection lawyers to reclaim personal property which has been loaned, leased or bailed to another; or to obtain personal property which is the subject of a dispute over ownership.
Upon the filing of a complaint for Claim and Delivery the plaintiff shall seek a writ of possession as long as the plaintiff can show that it is more probable than not that he or she will ultimately obtain a judgment for the possesion of the personal property.
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