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.
Replevin Form Document With Attorney In Nassau
Category:
State:
Multi-State
County:
Nassau
Control #:
US-000265
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
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.
How do I start my small claims case? You or someone else may start your case by filling out a court form. You may file by mail if you have a small claims case in Western Suffolk County or if you live outside New York City and you want to sue a party within New York City. The form describes your claim to the Court.
Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.
(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 ...
In New York, a replevin action is governed by the three-year statute of limitations in CPLR 214 (3). The law that applies is the law of the state where the tangible personal property is located.
Can I sue for more than $5,000 in Small Claims Court? If your claim is for more than $5,000 in either Nassau or Suffolk county you must start a civil case. In NYC you may sue for up to $10,000 in Small Claims Court. You cannot split your claim into smaller claims to get around the limit.
To maintain replevin, the plaintiff must have the right of exclusive possession to the goods in question. The plaintiff must not only have property absolute or qualified, and the right of possession at the time of the commencement of the action, but he or she must have the exclusive right of possession.
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 actions are common and fall into two types of action: if immediate possession of the property is sought and if the party filing the action is content to wait for an adjudication of final rights.
More info
How To File A Consent To Change Attorney To Represent Yourself. FORM. TITLE. PDF. FILLABLE. HELP. 51. Consent to Change Attorney.Do I need an attorney? You are not required to have an attorney. These are the official forms for use in Nassau County Court proceedings. The forms listed as orders are provided simply as samples. § 1981, seeks relief based on state law claims for replevin and conversion and seeks reasonable attorney's fees. This does not substitute the advice and counsel of a competent attorney in your jurisdiction who practices in the area of your concern. In a replevin action, the plaintiff seeks the return of property, not money damages. Fill out a Plaintiff's Statement.