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.
Replevin Car In Cook
Category:
State:
Multi-State
County:
Cook
Control #:
US-000265
Format:
Word;
Rich Text
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FAQ
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.
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.
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 ...
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 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.
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.
Replevin may also be referred to as claim and delivery. 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.
What happens once I file the replevin? Your case will be set for a hearing to go before a judge. An Order To Show Cause will be issued and served on the defendant, notifying him/her of the action and the date of the hearing. You will also be notified of the hearing date.
You will not go to jail. You have 21 days to respond to the complaint. However, the 21 days on the clock do not start to run until you are actually served with the summons by the process server.
With replevin, the car lender files a lawsuit seeking an order from the court requiring you to give the car back. If you fail to abide by the court order, you might be subject to both civil and criminal penalties.
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This complaint will describe the property that is being repossessed. While repossession does not involve a formal process in court, replevin consists of getting the court to order the consumer to return the vehicle to the lender.The answer is NO. It is strictly a civil matter as far as the repossession is concerned. Police in Ohio can get in big trouble (and you can sue them) The sheriff has to do this. If you never take it out, the lender will go to court and get a Writ of Replevin. If you don't make it available then you will be faci. Typically, creditors use the legal process of replevin to repossess property. 49, 160 S.W. 889, 892; 8 Thompson on Negligence, § 7242. Once the court issues and serves you with an order of replevin, then you're required to produce the car to the creditor.