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.
Writ Of Replevin Form For Mississippi In Fulton
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State:
Multi-State
County:
Fulton
Control #:
US-000265
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Word;
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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- ...
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.
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).
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.
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.
Rule 65 authorizes parties to seek temporary restraining orders (TROs) and preliminary injunctions in civil cases in which permanent injunctive relief or other relief is being sought.
File a motion for a writ of replevin. The motion must be accompanied by an affidavit or verified complaint that supports the allegations in your complaint. The affidavit must also state that you will post a replevin bond with the court. The amount of the bond will be set by the court.
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.
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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.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:. Writs of replevin may be made returnable to the proper court of another county where the property may be found. DEFENDANT(S): Address. City. State. A replevin is basically the repossession of collateral (ie: vehicle, furniture, etc) that could not be done without breaching the peace. Your hearing date will be set at least sixty (60) days out from the date of filing your case. For all general inquiries please fill out the form below and our office will get back with you. Read Section 11-37-131 - How replevin commenced-immediate seizure of property not sought, Miss. Concise Statement of Facts: (Who, What, When, Where, How?) I loaned Ms.