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.
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.
What Happens If the Repo Agent Doesn't Find Your Car? But if you make it hard for the repo agent to get it, then the creditor may use another method to get the car back, called "replevin." Replevin can be just as costly as a repossession, if not more so.
A repossession typically stays on your credit report for up to seven years, so a big part of restoring your credit afterward is just waiting. But you can also be proactive in restoring your credit by paying your bills on time and working on paying off other debt.
If you can't make your car payments, there are some clear advantages to voluntary surrender compared with involuntary repossession: You can avoid some of the penalties and fees imposed during an involuntary surrender, like towing and storage fees.
Generally, cars are repossessed once payments are 90 days in default. Just don't expect lenders to give you a heads-up when the Repo Man will come calling. They typically contract that work out to towing services that specialize in snatching cars.
Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.
All judgments and court records are filed in the County Clerk Office in the County where the lawsuit was filed. You can go in person to the County Clerk Office in the County where you live to ask if a judgment has been entered against you. Most counties also allow you to search online.
A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk.
After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.
A summons with notice is a type of summons. The summons with notice is not served with the complaint. It contains all of the information described above for the summons, plus a brief description of the type of case and the relief the plaintiff is asking the court to grant.
The written response must be made within 20 days of personal service, or within 30 days of the time when service by any other means is complete.