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.
Replevin For A Dog In Massachusetts
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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 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.
Bring your case to get your pet back in small claims court first. You don't need a lawyer for a small claims lawsuit, and you have a very high likelihood of success if you are the lawful owner. If the small claims judge doesn't rule in your favor, an attorney can file your appeal.
To get back the dog, you will need to sue your ex in court. You will need to prove ownership of the dog to get full possession of the dog. Evidence will be bill of sale or contract to buy the dog, vet bills, microchip owner in the dog, food and care bills for the dog, etc.
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.
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).
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.
Contact animal control: You can also reach out to your local animal control agency to report the situation and ask for their assistance. They may be able to help mediate the situation or offer resources to help you get your dog back. Remember to remain calm and persistent in your efforts to get your dog back.
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Replevin applies to personal property which would include a dog in mass. Is the dog registered?Customer: I was a defedent in a Writ of Replevin over a dog. 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. We want to get our dog back and are considering replevin (we need to do it asap he is with someone unstable and on a lot of drugs). The process of starting a replevin action usually begins with filing a complaint. Kara files a Writ of Replevin civil suit against Emma and there is a preliminary hearing with testimony from friends and evidence. Before euthanizing or giving or turning over to another a dog or cat in the officer's possession, an animal control officer shall first examine the animal for. Before euthanizing or giving or turning over to another a dog or cat in the officer's possession, an animal control officer shall first examine the animal for. Appellant brought suit in replevin in the court of a justice of the peace on October 31, 1927, to recover possession of a certain dog.