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.
Replevin Auto In Queens
Category:
State:
Multi-State
County:
Queens
Control #:
US-000265
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
A consumer who defaults on a vehicle loan usually faces the repossession of the vehicle, but sometimes a lender will use replevin as an alternative. While repossession does not involve a formal process in court, replevin consists of getting the court to order the consumer to return the vehicle to the lender.
After repossession, a consumer may have the option to redeem the vehicle before it is sold by paying the entire outstanding balance of the car loan, including interest, costs, and fees.
You will not go to jail. You have 21 days to respond to the complaint. However, the 21 days on the clock do not start to run until you are actually served with the summons by the process server.
What Happens If the Repo Agent Doesn't Find Your Car? But if you make it hard for the repo agent to get it, then the creditor may use another method to get the car back, called "replevin." Replevin can be just as costly as a repossession, if not more so.
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 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.
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 is the type of civil action used to recover possession of personal property which has been unlawfully taken and kept or lawfully taken and unlawfully kept. The plaintiff may also be entitled to monetary damages.
More info
Replevin is available to a party seeking the return of goods pursuant to a court order directing a party to return the goods or collateral to you. This is a selfhelp remedy that allows creditors to take possession of said car and you do not have to be sued first.What will happen if a writ of replevin is issued against myself for a financed vehicle that I no longer have possession of? While repossession does not involve a formal process in court, replevin consists of getting the court to order the consumer to return the vehicle to the lender. The forms can be filled in on the computer. Your responses matter to me, so I only need up to a few minutes to respond to each of your posts. The first step in executing the garage keeper's lien is serving notice to the owner and anyone holding a security interest in the vehicle. An action to recover a chattel, with or without damages, for the wrongful taking, withholding, or detention thereof, may be brought in the City Court of Albany. Once the court issues and serves you with an order of replevin, then you're required to produce the car to the creditor. , Symon Garber, for Commercial Division in the District Court of Queens County.