Complaint Replevin Sample For Company In New York

Category:

Civil Actions - Replevin

State:

Multi-State

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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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 can also refer to a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions). Replevin may be ordered as a final judgment, or in some jurisdictions, as a provisional remedy.

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.

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.

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.

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.

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.

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The writ of replevin must be signed in the name of the Clerk of the Superior Court issuing the writ. Complaint sample. PDF.Complaint fill in. PDF. Plaintiffs in a replevin action must execute several procedures in order to file for an action of replevin in civil court. 22 See, "Rights of Residential Gas and Electricity Customers" under HEFPA, Chapter 1 of PULP's Law Manual. Txt) or read online for free. The process of starting a replevin action usually begins with filing a complaint. By filing a "replevin bond" with the court, the plaintiff obtains the right to take possession of the disputed property while the case proceeds. The eleventh painting, Flutie, later "turned out not to be missing" and is not at issue in this litigation. In a replevin case, the.

Complaint Replevin Sample For Company In New York

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