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 Replevin Form Format In Montgomery

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Montgomery

Control #:

US-000265

Format:

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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Notice of Intention to Defend - This is a form located on the bottom of your summons. Complete the Notice of Intention to Defend if you dispute owing all or some of what the plaintiff claims. The completed form must be returned to the Maryland District Court location listed at the top of your summons.

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.

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.

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 District Court of Maryland has exclusive jurisdiction in civil matters of claims involving $5,000 or less. Claims involving amounts above $5,000 and below $25,000 may be filed in the Circuit Court as well as in the District Court.

Replevin seeks the return of property, along with possible damages. It allows for the possible return/possession of the property at a Show Cause hearing, a hearing held before a trial. It is filed in the District Court, regardless of the amount in dispute.

Fill out Answer form to respond. Once you decide to respond to a Complaint, your first step is to decide what type of response. This page will focus on the Answer form. Filing an Answer to the Complaint forces the other side to prove their case with evidence.

More info

You may download the form from our forms library. Petition. File the petition with an order and a moving party cover sheet.Complaint sample. PDF. Complaint fill in. PDF. Most forms used in the District Court are contained in this index. 1. Fill out a Complaint form. a. Near the top of the first page, write your name in the space above the word. It's time to submit your Complaint form, with supporting documents attached, to the Clerk's Office in the District Court. The following resources are provided to help you understand the basics of a court case as a self-represented litigant in civil and family cases. The filer included the original Amended Complaint in the same package to be filed after the Proposed Order had been signed and filed.

Complaint Replevin Form Format In Montgomery

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