forms of action Flashcards
Distress
in rem law claim by a landlord to recover rent by proceeding against the tenant’s tangible personal property
distress is a
pre-trial process– can also seize property on the leased premises or has been there for last 30 days
distress allowed only in
gdc
if landlord seeks levy and seizure, landlord must
post a bond, double the value of the seized property
distress order can be made
ex parte by filing a writ of distress
SOL for distress
5 years
detinue
law claim to recover specific personal property or money judgment for its value
detinue can be filde
either in GDC or circuit court, depending on the dollar amount
elements to recover
1) p has a property right; p has a right to immediate possession; property must be capable of indemnification; property has some value and d has possession at some time before suit
what can detinue get?
property or money for conversion
declaratory judgment
need an actual controvery st the brink of litigation and declare rights
injunctions
only circuit courts can grant it and have authority over anywhere in the commonwealth
injunction purposes:
halt some from bringing a judicial proceeding; compel or prohibit an act; or insularly relief
injunctions can be
permanent or temporary
Factors for temporary injunction
irrepwerable harm, adequate remedy at law, liklihood of winning on the merits
wrongful death
SOL?
decedent dies as a result of tortfeasor’s wrongdoing, can bring a cause of action on behalf of the beneficiaries (can bring any defenses)
2 YEARS (when person dies)
wrongful death excludes
pain decedent went through; cannot be held liable for punitive damages (decedent) and capped at 350k
unlawful entry of detainer
right of possession, not title– 10 days to appeal
ejectment
title of land
suit to estabish boundary land
boundary line; no damages
partition suits
suits to divide jointly owned land or personal property when owners cannot agree (bring in circuit court/ personal property, depending on amount)
