Montana Verified Complaint for Replevin or Repossession

State:
Multi-State
Control #:
US-000265
Format:
Word; 
Rich Text
Instant download

Description

This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.


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  • Preview Verified Complaint for Replevin or Repossession
  • Preview Verified Complaint for Replevin or Repossession
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FAQ

Creditors use replevin actions to recover collateral when debtors default on secured loans. For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments.

Replevin is a legal action to ask for the return of your personal property which is being kept from you by another person without your permission. You must own or have a property interest in the property you want returned. The person who has the property must be wrongfully keeping it at the time you file your action.

Detinue is a legal action that is most often utilized when a person has possession of property that they should not have, such as when they default on a loan. Replevin allows the seizure of property by law enforcement. Detinue provides for the return of the property by the party who has it unlawfully.

A personal action ex delicto brought to recover possession of goods unlawfully taken, (generally, but not only, applicable to the taking of goods distrained for rent,) the validity of which taking it is the mode of contesting, if the party from whom the goods were taken wishes to have them back in specie, whereas, if ...

General Information: ?Replevin? is a process whereby seized goods may be restored to their owner. In a replevin case, the Plaintiff claims a right to personal property (as opposed to real property/real estate) which has been wrongfully taken or detained by the defendant and seeks to recover that personal property.

The Complaint: The complaint in replevin typically must include: (i) a description of the property to be replevied; (ii) its value; (iii) its location if known; and (iv) the material facts upon which the claim is based ? in other words, why the filing party is entitled to seize the property that has been taken.

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Montana Verified Complaint for Replevin or Repossession