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.

US Legal Forms
1200 Civil Action Forms
Verified Complaint for Replevin or Repossession

Replevin Form Maryland 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

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.

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.

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Filing a replevin or detinue requires four steps: 1. SHOW CAUSE ORDER IN ACTION OF REPLEVIN. (Md.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. Most forms used in the District Court are contained in this index. The writ will specifically describe and enumerate the property for replevin action. To initiate the replevin process with your attorney, you will file a Complaint form, a Show Cause Order, and a Request for Service. At Lusk Law, LLC, we have extensive experience handling replevin and detinue claims, which are generally litigated in district court. When you file for replevin, you must demonstrate in a Show Cause hearing that you are entitled to gain possession of the property right away. Rule 12-601 - Possession of Personal Property Before Judgment-Replevin (a)Action in District Court.

Replevin Form Maryland In Montgomery

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