Replevin Action For Pets In Orange

State:
Multi-State
County:
Orange
Control #:
US-000265
Format:
Word; 
Rich Text
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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FAQ

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.

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.

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.

If your dog has been taken wrongfully, perhaps by a family member, or ex non-marital partner, it is possible to use the property status of your animal to obtain a judgment. Replevin is an effective civil remedy to get your dog back.

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.

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.

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.

To file a complaint for replevin, you must first prepare a summons (notice to appear in court) and include a complete and accurate description of the property sought. You will also need to attach proof of a bill of sale, title to the property, and photographs of the property.

Answer. People who believe that their animal is being wrongfully withheld can commence a civil lawsuit (such as a replevin action) to try to get the animal returned and can also contact the police, although the police do not usually get involved in pet custody disputes.

More info

Under New York Law, replevin is the correct cause of action to bring against a person who refuses to give you your comfort animal back. I need an attorney to help me with Replevin for my cat in dauphin county pa, A 7 week old orange tiger striped kitten.Basically, replevin is a term used to describe suing for the return of property, which is known as "chattel. " Pets generally fall into the "chattel" category. File a motion for a writ of replevin. Replevin is an effective civil remedy to get your dog back. Emergency replevin actions are filed in district court, not small claims court. An attorney will help you present your strongest case. In a replevin action, the plaintiff seeks the return of property, not money damages. There's no law that says a rescue can keep a dog from its owner unless she can prove you were abusing the dog or have a history or record of animal cruelty.

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Replevin Action For Pets In Orange