Replevin Repossession 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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Re·plev·in ri-ˈple-vən. : an action originating in common law and now largely codified by which a plaintiff having a right in personal property claimed to be wrongfully taken or detained by the defendant seeks to recover possession of the property and sometimes to obtain damages for the wrongful detention.

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).

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.

Replevin actions are common and fall into two types of action: if immediate possession of the property is sought and if the party filing the action is content to wait for an adjudication of final rights.

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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Filing a replevin means that you do not need to physically locate property to claim it. The procedure is called "claim and delivery" in North Carolina.In other states, the procedure is called a replevin action. North Carolina Judicial Branch. The process of starting a replevin action usually begins with filing a complaint. Repo's Allowed: If repossession discussed with debtor the secured party must give a ten-day notice otherwise peaceful repossession allowed. Replevin is an alternative to repossession that gets a court involved and avoids a confrontation with the debtor. Generally speaking, it is best to file the action in the jurisdiction where the improperly seized materials are being held. Contact your creditor when you realize that you will be late with a payment. Many creditors will work with you to set up a payment plan.

Replevin Repossession In North Carolina

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