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 Mecklenburg
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State:
Multi-State
County:
Mecklenburg
Control #:
US-000265
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Word;
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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.
If the Court issues a writ of replevin ex parte, the defendant will have the right to request an earlier hearing. If such a request is made, the court will have a hearing more quickly but with not less than 48 hours notice to you.
A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.
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 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 is the common law cause of action for recovering personal property wrongfully withheld from its rightful owner. This is more commonly associated with personal chattels. Chattels are personal possessions. It's important to understand the potential applications of replevin in a broad range of scenarios.
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” 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.
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Filing a replevin or detinue requires four steps: 1. A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property.Find Local Rules and Forms that provide procedures and guidelines for courts in Mecklenburg County. The Circuit Court has a form for the Complaint for a Writ of Replevin. Attached are the forms you need to file to begin an action for replevin. These forms must be filled out and submitted to the Clerk of the Court together. The PLAINTIFF must file a small claim action in the county where at least one of the defendants resides. 2. 2. Fill out a Small Claims Summons and Complaint form or Summons for Consumer Replevin form. SOME years ago in this journal,1 I called attention to what.