What is an example of a writ of replevin?

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 Cook

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Cook

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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When you file your Complaint for Writ if Replevin, a hearing will be scheduled and the court will issue a notice for service upon the defendant. The hearing will be between 10 and 20 days from the date that the court issues the notice to the defendant.

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- ...

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.

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.

Rule 81(d)(5) provides that if an action is not heard on the day specified in the summons, it “may by order signed on that day be continued to a later day for hearing without additional summons.” In a number of cases, Rule 81 judgments have been reversed because a hearing was continued by an order that was not signed ...

To adversely possess a piece of property you must openly, obviously, and actually live and use the property. This possession must be exclusive and continuous for as many years as is required by state law, which is 10 years in Mississippi.

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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:. The writ of replevin shall be in the following form, to-wit: "State of Mississippi.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. Basic steps for getting a Writ of Replevin. Prepare a Complaint for Replevin. A replevin is basically the repossession of collateral (ie: vehicle, furniture, etc) that could not be done without breaching the peace. 2023 Regular Session. ORDER FOR REPLEVIN - WITHOUT NOTICE. Williamson filed a replevin action in the District Court of.

Writ Of Replevin Form For Mississippi In Cook

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