Complaint For Replevin Without A Lawyer In Fulton

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Fulton

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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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.

Action for Replevin. A person seeking recovery of goods wrongly held by another may bring an action for replevin in the Superior Court. If the person establishes the cause of action, the court shall enter an order granting possession. Source: N.J.S.

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.

1. wrongfully taken or detained, the owner or other person capable of maintaining an action for damages therefor may bring an action of replevin for the recovery thereof and of the damages sustained by reason of the distraint, taking or detention.

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.

Bills of exchange, books of account, papers, writings, valuable securities, or other personal property or effects have been wrongfully distrained, the person complaining of such distress as unlawful may bring an action of replevin, or where such goods, chattels, property, or effects have been otherwise wrongfully taken ...

(3) The buyer has a right of replevin for goods identified to the contract if after reasonable effort he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in ...

The writ of replevin must be directed to the sheriff, or other officer authorized by law, of the county where the chattels are located. The write of replevin must describe the chattels with specificity.

Replevin is an action seeking return of personal property wrongfully taken or held by the defendant. In exchange for the personal property, the plaintiff in the action pledges a security and is allowed to hold the property until the case is resolved by the court.

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Small Claims Court is a special part of the court where you can sue for money without a lawyer. The writ of replevin must be signed in the name of the Clerk of the Superior Court issuing the writ.You must fill out the Application for a Pro Se Summons form and submit it to the clerk in the county where you are suing, along with payment of the court fee. You will not go to jail. You have 21 days to respond to the complaint. This is an action sounding in breach of contract, account stated, unjust enrichment, and replevin. All replevin actions in Maryland must be filed in the District Court of Maryland. You may electronically file in your own name without an attorney or you may hire an attorney at your own expense.

Complaint For Replevin Without A Lawyer In Fulton

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