Replevin Action For Pets In Michigan

Q: What determines ownership of a dog in Michigan?

(c) &quot;Owner&quot; when applied to the proprietorship of a dog means every person having a right of property in the dog, and every person who keeps or harbors the dog or has it in his care, and every person who permits the dog to remain on or about any premises occupied by him.

Category:

Civil Actions - Replevin

State:

Multi-State

Control #:

US-000265

Format:

Instant download

Description

The Verified Complaint for Replevin addresses the action for retrieving pets in the state of Michigan. This form is utilized by individuals seeking to reclaim possession of their pets unlawfully held by another party. Key features of the form include the identification of parties involved, jurisdiction details, facts supporting the claim, and the relief sought from the court. Users need to accurately fill out the parties' names and relevant jurisdiction information while supporting their claims with factual evidence of ownership and any prior agreements. This form assists attorneys, partners, owners, associates, paralegals, and legal assistants in initiating a legal process for replevin. A successful completion of the form can lead to quick court action, enabling the rightful owner to regain their pet. It is particularly useful in situations involving disputes over pet custody post-separation or in cases where a pet is taken without consent. Professionals are encouraged to follow the specified filling instructions carefully to ensure compliance with Michigan laws regarding replevin actions.

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FAQ

If your dog has been taken wrongfully, perhaps by a family member, or ex non-marital partner, it is possible to use the property status of your animal to obtain a judgment. Replevin is an effective civil remedy to get your dog back.

Rule 3.105 - Claim and Delivery (A) Nature of Action; Replevin. Claim and delivery is a civil action to recover (1) possession of goods or chattels which have been unlawfully taken or unlawfully detained, and (2) damages sustained by the unlawful taking or unlawful detention.

(c) "Owner" when applied to the proprietorship of a dog means every person having a right of property in the dog, and every person who keeps or harbors the dog or has it in his care, and every person who permits the dog to remain on or about any premises occupied by him.

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.

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.

When filing a replevin suit, the plaintiff must provide evidence that they are the rightful owner of the property in question and that it was taken without justification or consent.