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

Replevin For Property In North Carolina

Category:

Civil Actions - Replevin

State:

Multi-State

Control #:

US-000265

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Instant download

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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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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 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.

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.

Generally, to obtain a replevin order, you will need to provide evidence that you are the rightful owner of the property and that the other person has no legal right to possess it. If you are able to prove this, the judge will grant the order, and with that order, you can retrieve the property.

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.

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.

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.

§ 14-127. Willful and wanton injury to real property. If any person shall willfully and wantonly damage, injure or destroy any real property whatsoever, either of a public or private nature, he shall be guilty of a Class 1 misdemeanor.

More info

In a replevin action, also called a "claim and delivery", a party seeks to have the court order the delivery of property they claim legally belongs to them. Affidavit and requisites.AOCCVM202 , Small Claims (CVM). Complaint To Recover Possession Of Personal Property. Files. 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. The Replevin Bond allows the person or company to regain possession of property from another. The process of starting a replevin action usually begins with filing a complaint. Thanks for using the JustAnswer site, and best wishes. An attorney can assist a party in filling out the motion to claim exempt property. Complaint to Recover Possession of Personal Property Form AOC-CVM-202.

Replevin For Property In North Carolina

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