Complaint Replevin Sample For Company In Minnesota

Category:

Civil Actions - Replevin

State:

Multi-State

Control #:

US-000265

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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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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).

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.

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.

Replevin actions are a versatile tool for obtaining or regaining personal property which you have the right to possess. In Minnesota, replevin actions are also known by the more modern phrase, “claim and delivery of personal property,” and are governed by a statutory scheme found in Minnesota Statutes chapter 565.

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.

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.

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.

More info

This article will explain what "replevin" is, and why this type of lawsuit can be useful for recovering personal property. This form is available on Westlaw.Easily search more than 600,000 legal forms to find the exact form you need. 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. You have 21 days to prepare and file it. Appeal from Administrative Agency. Replevin actions are a versatile tool for obtaining or regaining personal property which you have the right to possess. Who can use replevin? Chapter 565 of the Minnesota Statutes, which is entitled "Claim and Delivery," governs pretrial procedures in a replevin action. REPLEVIN COMPLAINT o Fill in your name as plaintiff(s), address and phone number o Fill in the defendant(s) name and address for service.

Complaint Replevin Sample For Company In Minnesota

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What is the replevin statute in Minnesota?

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