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 Repossession For Sale In Cuyahoga
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State:
Multi-State
County:
Cuyahoga
Control #:
US-000265
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Word;
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FAQ
Alternative Legal Actions Other legal remedies may be more appropriate than a replevin action, depending on why the court denied the replevin action. These might include: An action for monetary damages. A claim for trespass to chattels, based on substantial interference with the use of your personal property.
The Replevin Bond, also referred to as the Claim and Delivery Bond or the Sequestration Bond, is a court mandated bond following a legal suit wherein the plaintiff is looking to take back (replevy) property that is in a defendant's possession.
Replevin is a legal action to ask for the return of your personal property which is being kept from you by another person without your permission. You must own or have a property interest in the property you want returned. The person who has the property must be wrongfully keeping it at the time you file your action.
Replevin is typically the first step when a plaintiff wants to get the property back from a defendant who wrongfully took it. Detinue is a legal action that is most often utilized when a person has possession of property that they should not have, such as when they default on a loan.
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.
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 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.
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).
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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. Our collections attorneys have extensive experience enforcing debt repayment and recovering collateral through repossession and replevin. In Cuyahoga County, a magistrate acts in place of the judge for most matters related to foreclosure, quiet title, and partition cases. Repossession is more extreme. The sale may be made in the manner and on the terms the court directs. This is the difference between the value that the property sold for and what the person owed on the loan. For instance, a lender can file a replevin complaint against a borrower to repossess their car after failing to make repayments. Of subterfuges to perfect the sell-out of Guy Moon.