Replevin Car In Cuyahoga

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Cuyahoga

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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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).

Replevin actions are common and fall into two types of action: if immediate possession of the property is sought and if the party filing the action is content to wait for an adjudication of final rights.

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 replevin case can be filed either in a Municipal Court, County Court or a Common Pleas Court. If the value of the property claimed is more than $15,000, you should file in the Common Pleas Court. Attached are the forms you need to file to begin an action for replevin.

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.

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.

Re·plev·in ri-ˈple-vən. : an action originating in common law and now largely codified by which a plaintiff having a right in personal property claimed to be wrongfully taken or detained by the defendant seeks to recover possession of the property and sometimes to obtain damages for the wrongful detention.

Deeds Website Url : /fiscal-officer/departments/recorded-documents. Contact title : Cuyahoga County Fiscal Officer. Street : 2079 East 9th Street, 4th Floor. City : Cleveland. State : OH. Zip code : 44115. Popular link 1 title : Popular link 1 url :

A: Yes, a quitclaim deed can protect you by getting the deed in your own name exclusively. This is possible through a divorce proceeding or your spouse can sign a quitclaim to relinquish his rights to the property. If the mortgage is in your spouse's name, it doesn't mean he has an ownership interest.

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Attached are the forms you need to file to begin an action for replevin. These forms must be filled out and submitted to the Clerk of the Court together.The legal remedy of Replevin is best used when the secured creditor cannot repossess the collateral without breaching the peace. Ohio's auto repossession law says that the vehicle lender or secured party can repossess your vehicle if you are just one day late with your payment. 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. Upon the filing of the complaint the clerk shall forthwith issue a summons for service upon each defendant listed in the caption. Upon request of the plaintiff. The sheriff has to do this. This action originated in the trial court when plaintiffsappellees filed and served a complaint captioned as "Replevin for money and relief.". Once the court issues and serves you with an order of replevin, then you're required to produce the car to the creditor.

Replevin Car In Cuyahoga

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