How does a replevin order work?

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.

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Verified Complaint for Replevin or Repossession

Complaint For Replevin Forum In Minnesota

Category:

Civil Actions - Replevin

State:

Multi-State

Control #:

US-000265

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Instant download

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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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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.

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.

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.

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.

For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments. Replevin can also refer to a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions).

The Minnesota replevin statute, Minn. Stat. § 565.21 et seq., provides for the recovery of personal property either before or after a final judgment in the underlying action (e.g., for breach of contract).

Procedure for Obtaining, in Court, a Writ of Replevin The filing of a complaint begins a replevin action. As in other civil actions, the defendant is brought into Court by the service of the summons and the complaint. If the plaintiff establishes the cause of action, the Court must enter an Order granting possession.

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This article will explain what "replevin" is, and why this type of lawsuit can be useful for recovering personal property. You have 21 days to prepare and file it.A replevin action involves the determination of who has a better right to possession of the personal property that is the subject of the action. Replevin actions are a versatile tool for obtaining or regaining personal property which you have the right to possess. We strongly encourage you to file your complaint using our online complaint forms as it is the quickest way for us to receive and process your complaint. These files can include a replevin complaint or replevin order. In Minnesota, a person seeking Replevin must bring the action in the county where the property is located. Chapter 565 of the Minnesota Statutes, which is entitled "Claim and Delivery," governs pretrial procedures in a replevin action. Otherwise, the plaintiff can proceed in district court. These claims frequently come up in the absence of a contract.

Complaint For Replevin Forum In Minnesota

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