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 Action For Pets In Michigan
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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.
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File suit for value of dog. Be prepared to prove how much dog is worth.You should prove that the property is yours and that you have a right of its immediate possession to win a replevin action. You will then file it and serve it on your ex. Additionally, If an Ex has taken possession of your pet, we may be able to help you with a "replevin" action, which is a legal means of recovering property. People who believe that their animal is being wrongfully withheld can commence a civil lawsuit (replevin action) to try to get the animal returned. Section 433.117 - Legality of distress determined in replevin action. In other words, in a replevin action the remedy sought is the return of detained property plus incidental damages. The process of starting a replevin action usually begins with filing a complaint. You need to file a replevin action with the Court of Common Pleas of your county.