How do I file a Motion in North Carolina court?

Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion filed, place the original in the Court file and return two (2) copies of the filed document to you.

What happens if you lose in small claims court in NC?

A. After judgment is given in Small Claims Court, both the plaintiff and the defendant have the right to appeal the Magistrate's decision. An appeal allows either side to get a new trial in District Court. This means you will have to present your evidence and witnesses again.

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 Form Document For Editing 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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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.

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).

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 claim and delivery is a legal action to recover personal property which is in the possession of another party. The party who begins the action is the plaintiff. The party who has possession of the property claimed is the defendant.

Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion “filed,” place the original in the Court file and return two (2) copies of the “filed” document to you.

Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.

A. After judgment is given in Small Claims Court, both the plaintiff and the defendant have the right to appeal the Magistrate's decision. An appeal allows either side to get a new trial in District Court. This means you will have to present your evidence and witnesses again.

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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Complaint To Recover Possession Of Personal Property. Files. Complaint To Recover Possession Of Personal Property.Fill out your form and add all your edits using our toolbar. Click our eSignature option. Looking for local rules and forms? How do I edit the Replevin Forms for Recovery of Personal Property online? Some clerks use this form so that there is a record in the file of the hearing. 2. The process of starting a replevin action usually begins with filing a complaint. This document is a collection of links to fillable forms that are available on NC Administrative Office of the Courts or AOC. Collateral can be provided in the form of an Irrevocable Letter of Credit or cashier's check.

Replevin Form Document For Editing In North Carolina

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How to file for replevin?

How to file a replevin?

What is an example of a replevin case?

What do you need to prove to win a replevin case?

What is claim and delivery in North Carolina?

How do I file a Motion in North Carolina court?

Is it worth going to small claims court for $500?

What happens if you lose in small claims court in NC?

How do I file for replevin?

How does a replevin order work?

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