Replevin With Damages In Mecklenburg

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Mecklenburg

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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FAQ

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.

General Information: “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 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 (sometimes referred to as Claim and Delivery) is an effective legal remedy used throughout the United States. In its simplest terms, replevin is a procedure whereby seized goods are restored to their owner (creditor) at the beginning of a lawsuit.

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.

Re·plev·in ri-ˈple-vən. : an action originating in common law and now largely codified by which a plaintiff having a right in personal property claimed to be wrongfully taken or detained by the defendant seeks to recover possession of the property and sometimes to obtain damages for the wrongful detention.

You will not go to jail. You have 21 days to respond to the complaint. However, the 21 days on the clock do not start to run until you are actually served with the summons by the process server.

More info

Replevin and detinue are two types of legal actions for the return of property. Asking for damages allows you to seek money from the defendant.Replevin seeks the return of property, along with possible damages. In the case of a replevin, you also must file the Request for Service and the Show Cause Order. Typically, if a trial is necessary to determine the amount of special damages, if any, the trial will be a bench trial rather than a jury trial. A small claims case is filed in the clerk of superior court's office in the appropriate county. The forms may be printed and completed in advance. A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property. Free Consultations from the highest rated Cornelius medical malpractice lawyers. ("Parchman"), filed this action to recover civil damages for personal injuries.

Replevin With Damages In Mecklenburg

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