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.
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.
If you have questions, please call the Conciliation Court at (612) 348-6000.
How Much Money Can You Recover? The maximum amount you may recover through conciliation court is $15,000. (The maximum for consumer credit transactions is $4,000.) You cannot file a claim in conciliation court that exceeds the monetary limit set by law.
Conciliation court hearings are informal, but you must be prepared to present your case. Attorneys are only allowed to represent parties in conciliation court with permission of the court. All parties and witnesses who appear will testify under oath. The witnesses should be present and ready to testify.
§ 548.04 provides that a replevin judgment “may be for the possession of the personal property or the value thereof in case possession cannot be obtained, and damages for the detention, or the taking and withholding.” If possession of only a portion of the property may be obtained, a party may take possession of that ...
Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.
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.
You will not go to jail. You have 21 days to respond to the complaint. However, the 21 days on the clock do not start to run until you are actually served with the summons by the process server.
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.
The Minnesota replevin statute, Minn. Stat. § 565.21 et seq., provides for the recovery of personal property either before or after a final judgment in the underlying action (e.g., for breach of contract).
Replevin actions are a versatile tool for obtaining or regaining personal property which you have the right to possess. In Minnesota, replevin actions are also known by the more modern phrase, “claim and delivery of personal property,” and are governed by a statutory scheme found in Minnesota Statutes chapter 565.