Writ Of Replevin Form With Court In Maryland

Category:

Civil Actions - Replevin

State:

Multi-State

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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The District Court of Maryland has exclusive jurisdiction in civil matters of claims involving $5,000 or less. Claims involving amounts above $5,000 and below $25,000 may be filed in the Circuit Court as well as in the District Court.

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.

Replevin seeks the return of property, along with possible damages. It allows for the possible return/possession of the property at a Show Cause hearing, a hearing held before a trial. It is filed in the District Court, regardless of the amount in dispute.

Replevin, also known as claim and delivery, is the legal action of recovering personal property which was wrongfully taken.

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.

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.

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Filing a replevin or detinue requires four steps: 1. Replevin actions are filed in the District Court only.SHOW CAUSE ORDER IN ACTION OF REPLEVIN. (Md. The plaintiff files a complaint form with the court. When you file for replevin, you must demonstrate in a Show Cause hearing that you are entitled to gain possession of the property right away. A person claiming the right to immediate possession of personal property may file an action under this Rule for possession before judgment. What you get: Instant access to fillable Microsoft Word or PDF forms. Minimize the risk of using outdated forms and eliminate rejected fillings. Who May Appear as Counsel; Who May Appear Without Counsel a) Generally. To initiate the replevin process with your attorney, you will file a Complaint form, a Show Cause Order, and a Request for Service.

Writ Of Replevin Form With Court In Maryland

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