Writ Of Replevin Form With Court Order 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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Creditors use replevin actions to recover collateral when debtors default on secured loans. For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments.

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.

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.

Replevin, also known as claim and delivery, is the legal action of recovering personal property which was wrongfully taken.

“Replevin” is a process whereby seized goods may be restored to their owner. In a replevin case, the Plaintiff claims a right to personal property (as opposed to real property/real estate) which has been wrongfully taken or detained by the defendant and seeks to recover that personal property.

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.

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 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.

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Most forms used in the District Court are contained in this index. The forms can be filled in on the computer.If you win a replevin action, the court will issue a writ of replevin. 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. The court has placed the most commonly used forms on line as a resource. Please be advised that the forms detailed below are intended to be a guide. Plaintiffs in a replevin action must execute several procedures in order to file for an action of replevin in civil court. SHOW CAUSE ORDER IN ACTION OF REPLEVIN. (Md. Some of your property or possessions may be protected from the writ.

Writ Of Replevin Form With Court Order In Montgomery

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