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.
Writ Of Replevin Form With 2 Points In Massachusetts
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Replevin, also known as claim and delivery, is the legal action of recovering personal property which was wrongfully 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. The affidavit: States that the plaintiff claims rightful ownership or entitlement to possession of the property.
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.
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.
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.
To begin a lawsuit, the original copy of the complaint is filed in the clerk's office of the court where you can file your case. The clerk does not have to accept complaints that do not comply with court rules. You should keep at least three copies of your complaint.
“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 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.
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.
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This form must be filed along with the Complaint for any claim incurred in the course of plaintiff's trade or commerce, or for assigned debt. 1 In Massachusetts, every person restrained of his liberty is now entitled, as of right and of course to the writ of habeas corpus.Chapter 247: REPLEVIN. Making "service of process" involves serving a copy of a summons and a copy of the complaint to each of the defendants. The Circuit Court has a form for the Complaint for a Writ of Replevin. To appear and then and there . . . The official postjudgment forms provide useful starting points for research. Writ in the Second District Court of Bristol dated March 14, 1916. Waived if you fill out the following form and send it to the court with the COMPLAINT, Cover Sheets and completed Summons forms: 1. PART V.-JURIsDIcrIoN ON WRIT OF CERTIORARI. 19.