How does a replevin order work?

A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.

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Verified Complaint for Replevin or Repossession

Complaint Replevin Form With Court In North Carolina

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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You are required to file your Answer with the Clerk of Court and send a copy to the Plaintiff. You may serve your Answer by delivering a copy to the Plaintiff or by mailing it to the Plaintiff's last known address.

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.

On a separate page or pages, write a short and plain statement of the answer to the allegations in the complaint. Number the paragraphs. The answer should correspond to each paragraph in the complaint, with paragraph 1 of the answer corresponding to paragraph 1 of the complaint, etc.

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.

A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.

The District Court division handles civil cases involving a claim for $25,000 or less, all family and juvenile cases, misdemeanor criminal cases, and infractions such as traffic tickets. Who are the “plaintiff” and “defendant”?

With consent of defendants, a Magistrate Judge may preside in Class A misdemeanor cases, including conducting jury trials. Although Magistrate Judges do not preside at felony trials, they are authorized to conduct preliminary and post-conviction proceedings in felony cases.

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Complaint To Recover Possession Of Personal Property. Files. Complaint To Recover Possession Of Personal Property.You may fill them out at home or at the courthouse. Affidavit and requisites. You must answer the complaint and file it at the office of the Clerk of Court within. Some clerks use this form so that there is a record in the file of the hearing. 2. This document contains the Federal Rules of Civil Procedure to- gether with forms, as amended to December 1, 2014. First, choose the consumer complaint form that fits your problem. The forms can be filled in on the computer. It also requires filing an affidavit in the county or district court where the property is.

Complaint Replevin Form With Court In North Carolina

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