Replevin For Money 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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FAQ

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.

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.

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.

File a motion for a writ of replevin. The motion must be accompanied by an affidavit or verified complaint that supports the allegations in your complaint. The affidavit must also state that you will post a replevin bond with the court. The amount of the bond will be set by the court.

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

Replevin and detinue are legal actions that allow you to seek the return of property. Before deciding which type of case to file, consider the following.At Lusk Law, LLC, we have extensive experience handling replevin and detinue claims, which are generally litigated in district court. File the petition, using the common pleas docket number of the judgment, an order and a moving party cover sheet. There is no fee to strike a judgment non-pros. Most forms used in the District Court are contained in this index. Replevin and detinue are two types of legal actions for the return of property. Asking for damages allows you to seek money from the defendant. The court has standardized paperwork and procedures for dealing with each step. The forms are available at the clerk's office at any District Court location.

Replevin For Money In Montgomery

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