How does a replevin order work?

A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.

US Legal Forms
1200 Civil Action Forms
Verified Complaint for Replevin or Repossession

Complaint Replevin Sample Without Notice Period In Allegheny

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Allegheny

Control #:

US-000265

Format:

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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Four year limitation. (a) General rule. --Except as provided for in subsection (b), the following actions and proceedings must be commenced within four years: (1) An action upon a contract, under seal or otherwise, for the sale, construction or furnishing of tangible personal property or fixtures.

A competent person over the age of 18, who is not a party on the case, or a family member; can serve the other party for you. This person could be a friend, sheriff, constable, etc.

The process of starting a replevin action usually begins with filing a complaint. It also requires filing an affidavit in the county or district court where the property is. The affidavit: States that the plaintiff claims rightful ownership or entitlement to possession of the property.

Under Pennsylvania law, replevin actions have a two-year statute of limitations.

An action for replevin is brought by filing a Complaint in the appropriate County. After the filing of the Complaint in replevin, in order to take immediate possession of the property, the party seeking the property can seek a writ of seizure from the Court.

Comply With the Relevant Federal, State, and Local Rules. Research Before Writing. Allege Subject Matter Jurisdiction, Personal Jurisdiction, and Venue. Jurisdiction. Draft Concise and Plain Statement of the Facts. Factual Allegations. Draft Separate Counts for Each Legal Claim. Plead Facts With Particularity Where Necessary.

Generally speaking, in Pennsylvania, there is a two-year statute of limitations that applies to any civil action in which an individual seeks to recover damages for personal injuries, or for the death of an individual, caused by the wrongful act or negligence of another person.

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.

A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.

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The Defendant must file a response to the Complaint within twenty (20) days after being served. Be in substantially the same form as the Complaint, without the Notice of Hearing or Notice of.Intention to Appear. (5). The procedure in the action of replevin from the commencement to the entry of judgment shall be in accordance with the rules relating to a civil action. For a complaint, a notice to defend is required. Sample Forms These sample forms may be useful when filing documents for the civil and family courts. If you have any questions, consult an attorney. Pro se Appellant, David Morris Barren, appeals from the order entered in the Allegheny Court of Common Pleas dismissing his action in replevin. Complaint, without the Notice of Hearing or Notice of Intention to Appear. (5) No reply to a counterclaim shall be required.

Complaint Replevin Sample Without Notice Period In Allegheny

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