Replevin Without Notice 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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Re·plev·in ri-ˈple-vən. : an action originating in common law and now largely codified by which a plaintiff having a right in personal property claimed to be wrongfully taken or detained by the defendant seeks to recover possession of the property and sometimes to obtain damages for the wrongful detention.

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.

You will not go to jail. You have 21 days to respond to the complaint. However, the 21 days on the clock do not start to run until you are actually served with the summons by the process server.

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.

(3) The buyer has a right of replevin for goods identified to the contract if after reasonable effort he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in ...

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.

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

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.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. Except as stated in subparagraph D below, a discontinuance of an action as to less than all parties may not be entered without notice and an. Most forms used in the District Court are contained in this index. Montgomery County Viewer. Prothonotary • Case Search. A letter without a "certificate of mailing" will not be accepted as an Answer in Montgomery County. You can file this motion in writing within ten (10) days after the date of the judgment.

Replevin Without Notice In Montgomery

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