What is a complaint in replevin?

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.

US Legal Forms
1200 Civil Action Forms
Verified Complaint for Replevin or Repossession

Complaint Replevin Sample Format In Kings

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Kings

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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After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.

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.

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.

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.

Comply With the Relevant Federal, State, and Local Rules. Research Before Writing. Allege Subject Matter Jurisdiction, Personal Jurisdiction, and Venue. Jurisdiction. Draft Concise and Plain Statement of the Facts. Factual Allegations. Draft Separate Counts for Each Legal Claim. Plead Facts With Particularity Where Necessary.

(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 ...

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.

Creditors use replevin actions to recover collateral when debtors default on secured loans. For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments.

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When you are finished, you can print your completed form. Complaint sample. PDF.Complaint fill in. PDF. They must file a Summons and Complaint to commence a replevin action. This affidavit details that: 1. Plaintiff Artemio Licuanan filed a complaint against Ronald Ulayao for replevin (recovery of personal property) in the Regional Trial Court of Pasig City. A person seeking a remedy in an action for replevin must follow the course laid down in the statute, since the remedy is penal in nature. The following sample complaints are available to assist you in filling out your complaint. As the person filing the Complaint you are the plaintiff. The other party is the defendant.

Complaint Replevin Sample Format In Kings

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