Writ Of Replevin Form With Court In Massachusetts

Category:

Civil Actions - Replevin

State:

Multi-State

Control #:

US-000265

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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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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.

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.

File a motion for a writ of replevin. The motion must be accompanied by an affidavit or verified complaint that supports the allegations in your complaint. The affidavit must also state that you will post a replevin bond with the court. The amount of the bond will be set by the court.

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.

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 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. The writ of return in actions of replevin shall be substantially in the form heretofore established and used in like cases.Section 2 - Writ of return; form. Court or the Superior Court. Conciliation Court is also known as small claims court. Massachusetts Trial Court. (Signed) Lemuel Shaw, Chief Justice of the Supreme Judicial Court. The Complaint has been filed in the Court requesting immediate possession of certain property. It also requires filing an affidavit in the county or district court where the property is. After a demurrer for Hewes in the Inferior Court, Johnson won both the appeal and the review in the Superior Court.

Writ Of Replevin Form With Court In Massachusetts

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