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 Cow With No Contract In Mecklenburg
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State:
Multi-State
County:
Mecklenburg
Control #:
US-000265
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Word;
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FAQ
Replevin is the type of civil action used to recover possession of personal property which has been unlawfully taken and kept or lawfully taken and unlawfully kept. The plaintiff may also be entitled to monetary damages.
“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.
Replevin allows the plaintiff to gain possession of the personal property; the other causes of action only allow the plaintiff to recover damages, not possession of the property. Replevin also allows the plaintiff to obtain possession of the property at the beginning of a lawsuit.
A writ of replevin was available only for an unlawful taking in the nature of a wrongful distress, where restitution could be made for the goods wrongfully taken (being in the nature of a redelivery of the pledge or the thing taken in distress) with damages for the loss sustained by such action.
Personal property foreclosure, legally termed a “replevin proceeding,” is a creative tool to use when you need to recover on a debt that is not real property related. The types of personal property you can seize range from cars, tractors, trucks, furniture, store merchandise and much more.
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.
When Replevin May Apply. In general, repossession is easier for a lender than replevin because it involves a less formal process and tends to be more efficient. A lender cannot use repossession, however, when it would result in a breach of the peace.
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.
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.
Replevin can also refer to a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions). Replevin may be ordered as a final judgment, or in some jurisdictions, as a provisional remedy.
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A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property. Unfortunately, there is no preprinted form writ of replevin.At least not online. The process of starting a replevin action usually begins with filing a complaint. Find Local Rules and Forms that provide procedures and guidelines for courts in Mecklenburg County. Fill out a Small Claims Summons and Complaint form or Summons for Consumer Replevin form. Thousands of men owe the greater part of their educational equipment to a previous edition of the Britannica. Providing that, shall be no bar for action in good- faith 1786 3 Acts of Assembly.