Replevin Form Document Format 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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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.

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 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.

For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments. Replevin can also refer to a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions).

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.

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

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.

You must fill out the Order to Show Cause along with an Affidavit in Support. If there is not already a pending or active case in court, you most likely will have to include a separate petition to start a case.

Depending on the type of case or procedure, New York's statutes of limitations generally range from one (1) year to six (6) years. The point at which the clock starts ticking is typically the date of the incident or discovery of a wrong.

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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.The forms can be filled in on the computer. 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. The writ of replevin must be signed in the name of the Clerk of the Superior Court issuing the writ. FORM OF NEW YORK CITY PRE-REPLEVIN LETTER. Edit, sign, and share replevin get online. No need to install software, just go to DocHub, and sign up instantly and for free. Dispute or event which gave rise to the lawsuit occurred. In a replevin action, the plaintiff seeks the return of property, not money damages.

Replevin Form Document Format In New York

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What is an example of a replevin?

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What is an action to recover personal property unlawfully taken called?

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How do I file an Order to Show Cause in NY?

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