Replevin Action For Pets In Massachusetts

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 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.

C. 247 (Replevin) permits plaintiff to obtain the disputed property prior to trial, without hearing, and without justification such as imminent destruction, transfer, or concealment of the property.

If your dog has been taken wrongfully, perhaps by a family member, or ex non-marital partner, it is possible to use the property status of your animal to obtain a judgment. Replevin is an effective civil remedy to get your dog back.

403. The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

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.

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).

402. Relevant evidence is admissible unless any of the following provides otherwise: (a) the United States Constitution, (b) the Massachusetts Constitution, (c) a statute, or (d) other provisions of the Massachusetts common law of evidence.

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Replevin applies to personal property which would include a dog in mass. Is the dog registered?A writ of seizure through a replevin action is one of the few ways the law allows animal owners to recover the family members that they love. In other words, in a replevin action the remedy sought is the return of detained property plus incidental damages. People who believe that their animal is being wrongfully withheld can commence a civil lawsuit, such as a replevin action, to try to get the animal returned. We live in Massachusetts. Lawyer's Assistant: Have you talked to a MA lawyer about this? People who believe that their animal is being wrongfully withheld can commence a civil lawsuit (replevin action) to try to get the animal returned. The process of starting a replevin action usually begins with filing a complaint. Customer: I was a defedent in a Writ of Replevin over a dog.

Replevin Action For Pets In Massachusetts

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What do you need to prove to win a replevin case?

What is the replevin statute in Massachusetts?

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What is the rule 403 in Massachusetts?

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What is the rule of evidence 402 in Massachusetts?

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