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.
Complaint Replevin Form With Attorney In Cook
Category:
State:
Multi-State
County:
Cook
Control #:
US-000265
Format:
Word;
Rich Text
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FAQ
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.
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.
The order for replevin shall require the sheriff, or other officer to whom it is directed to take the property, describing it as in the complaint, from the possession of the defendant, and deliver the same to the plaintiff unless such defendant executes a bond and security as hereinafter provided, and to summon the ...
To file a civil lawsuit, you must complete a Complaint form, a Summons form as well as a Civil Division Action Cover Sheet. These forms are available in the Civil Division of the Office of the Clerk of the Circuit Court of Cook County (Clerk's Office) in Room 601 of the Richard J.
A writ of replevin was available only for an unlawful taking in the nature of a wrongful distress, where restitution could be made for the goods wrongfully taken (being in the nature of a redelivery of the pledge or the thing taken in distress) with damages for the loss sustained by such action.
When filing a replevin suit, the plaintiff must provide evidence that they are the rightful owner of the property in question and that it was taken without justification or consent.
COMPLAINT HOTLINE: (312) 603-0745. Please be sure to speak slowly and clearly when leaving your information. BY APPOINTMENT: to schedule an appointment to file a complaint in person call: (312) 603-0350.
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.
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.
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).