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Can I file a motion to dismiss a writ of replevin? i was never served a summons

Boynton Beach, FL |
Filed under: Professional ethics

In a nutshell I in writing contracted to buy a shed from someone back in January of 2008 shortly thereafter fell on very hard times and was unable to make payments on said shed. I notified the seller who said no problem, when you have it call me. 4-6 months later I attempted to reach him but his number had changed and I never had his address(though he had ours). Now after almost 5 years he shows up about 1 month ago wanting to take back posession of this building.

I need to add that back then he had lost his home and had nowhere to put this enormous shed so it was to his benefit to sell it to me or he would loose it. Now 5 years later he bought a house and has a place for it?

Over 4 years he never made a demand for payment or anything till he had a stable place to put the shed. He filed a writ of Replevin which was denied(see attached) and I was never formally served with a complaint, nothing.

Attorney Answers 2

Posted

If the Writ was denied as you said, why would you need a Motion to Dismiss?

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1 lawyer agrees

Posted

Moving to dismiss the replevin might be what you should do. But the facts you give are that you got the shed and did not pay for it. Settle this out of court.

R. Jason de Groot, Esq., 386-337-8239

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