What is a writ of replevin in NYC?

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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Verified Complaint for Replevin or Repossession

Writ Of Replevin Form For Mississippi In Bronx

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Bronx

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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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.

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.

(3) The buyer has a right of replevin for goods identified to the contract if after reasonable effort he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in ...

The writ of replevin must be directed to the sheriff, or other officer authorized by law, of the county where the chattels are located. The write of replevin must describe the chattels with specificity.

Procedure for Obtaining, in Court, a Writ of Replevin The filing of a complaint begins a replevin action. As in other civil actions, the defendant is brought into Court by the service of the summons and the complaint. If the plaintiff establishes the cause of action, the Court must enter an Order granting possession.

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.

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.

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 can also refer to a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions).

If any person, his agent or attorney, shall desire to institute an action of replevin without the necessity of posting bond, and without requesting the immediate seizure of the property in question, he shall file a declaration under oath setting forth those matters shown in subparagraphs (a) through (e) of Section 11- ...

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Plaintiff - Party(ies) Initially Bringing Suit Should Be Entered First - Enter Additional Plaintiffs on Separate Form. Individual. Writs of replevin may be made returnable to the proper court of another county where the property may be found.A replevin is basically the repossession of collateral (ie: vehicle, furniture, etc) that could not be done without breaching the peace. The writ of replevin shall be in the following form, to-wit: "State of Mississippi. Your hearing date will be set at least sixty (60) days out from the date of filing your case. Comes now plaintiff and files this Declaration and Affidavit in Replevin against defendant(s), and would show unto the Court the following facts to wit:. (Southern District of Mississippi,. Jackson Division, Mize, D. J., Mar. It should be gently beaten out on a wooden block or a sandbag into a shallow dish form.

Writ Of Replevin Form For Mississippi In Bronx

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