Complaint Replevin Sample Without Notice Period 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 writ of replevin must be directed to the sheriff, or other officer authorized by law, of the county where the chattels are located. The write of replevin must describe the chattels with specificity.

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.

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.

(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 ...

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.

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Plaintiffs in a replevin action must execute several procedures in order to file for an action of replevin in civil court. Replevin is available to a party seeking the return of goods pursuant to a court order directing a party to return the goods or collateral to you.In a replevin case, the. You do not have a right to notice in the repossession process, but you do have a right to notice if the lender pursues a replevin action. Complaint sample. PDF. Complaint fill in. PDF. Pre-Trial Conference hearing at the time you file your Complaint. This is an action sounding in breach of contract, account stated, unjust enrichment, and replevin. In a replevin case, the. The term does not include a complaint as set forth in Pa.R.C.P. No. 1017.

Complaint Replevin Sample Without Notice Period In New York

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