How does a replevin order work?

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.

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1200 Civil Action Forms
Verified Complaint for Replevin or Repossession

Replevin File With Court In King

Category:

Civil Actions - Replevin

State:

Multi-State

County:

King

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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FAQ

“Replevin” is a process whereby seized goods may be restored to their owner. In a replevin case, the Plaintiff claims a right to personal property (as opposed to real property/real estate) which has been wrongfully taken or detained by the defendant and seeks to recover that personal 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.

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.

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.

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.

In New York, a replevin action is governed by the three-year statute of limitations in CPLR 214 (3). The law that applies is the law of the state where the tangible personal property is located.

Filing: You will have to give documents to the court that explain what was taken, by whom and when. You will need to show the court proof that these items belong to you. You will also have to tell the other person that you are starting a court case against them.

More info

This packet is intended to be used in King County Superior Court. Plaintiffs in a replevin action must execute several procedures in order to file for an action of replevin in civil court.The court has placed the most commonly used forms on line as a resource. Please be advised that the forms detailed below are intended to be a guide. This packet contains the forms and instructions needed to file a replevin action (getting personal property back from someone else) in Superior Court. A Case Schedule for each type of case, which will set the time period between filing and trial and the scheduled events and deadlines for that type of case. How to name a defendant, how to locate a person or business, how to fill out and file a complaint, after the complaint has been filed and served. All parties are required to appear at the pre-trial hearing and participate in a mediation session prior to the case being set for trial. In a replevin action, the plaintiff seeks the return of property, not money damages. You can apply to either the Court of Justice or the Court of King's Bench.

Replevin File With Court In King

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