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

Replevin Without Notice In Minnesota

Category:

Civil Actions - Replevin

State:

Multi-State

Control #:

US-000265

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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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FAQ

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.

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 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.

542.10 CHANGE OF VENUE AS OF RIGHT; DEMAND. If the county designated in the complaint is not the proper county, the action may notwithstanding be tried therein unless, within 20 days after the summons is served, the defendant demands in writing that it be tried in the proper county.

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).

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.

Civil actions (except family cases) must be filed with the court within one year after service of the summons and complaint on the defendant.

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.

More info

This article will explain what "replevin" is, and why this type of lawsuit can be useful for recovering personal property. Replevin actions are a versatile tool for obtaining or regaining personal property which you have the right to possess.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. Constitutional Law: Replevin Statute Authorizing Seizure of Property Without Notice and Hearing Held Denial of. To start a case, you must use the Conciliation Court Claim Form. Filling Out the Form. One option is to fill out and file the Notice of Settlement and Dismissal form. Chapter 565 of the Minnesota Statutes, which is entitled "Claim and Delivery," governs pretrial procedures in a replevin action. Replevin requires the plaintiff to have a present right to possess the property (a secured lien or property right). Rather, a replevin action must proceed to trial on the facts and theories pleaded in the complaint.

Replevin Without Notice In Minnesota

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