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 File With Court Illinois In Queens
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Multi-State
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Queens
Control #:
US-000265
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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.
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.
An action of replevin shall be commenced by the filing of a verified complaint which describes the property to be replevied and states that the plaintiff in such action is the owner of the property so described, or that he or she is then lawfully entitled to the possession thereof, and that the property is wrongfully ...
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.
An action of replevin shall be commenced by the filing of a verified complaint which describes the property to be replevied and states that the plaintiff in such action is the owner of the property so described, or that he or she is then lawfully entitled to the possession thereof, and that the property is wrongfully ...
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.
When Replevin May Apply. In general, repossession is easier for a lender than replevin because it involves a less formal process and tends to be more efficient. A lender cannot use repossession, however, when it would result in a breach of the peace.
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Notice of Hearing for an Order of Replevin. Replevin lawyers need to know secured transactions and court procedure to get your collateral back - call our replevin lawyers in Peoria, Illinois.You will need Adobe Reader to read this. Plaintiff asks that an Order of Replevin issue and for judgment against defendant for: a. Possession of the property; b. The Complaint in Replevin (PDF) must be filed at the Lake County Circuit Clerk's office. Please note: As of January 1, 2018, the State of Illinois has mandated that all civil filings must be filed electronically in all counties in Illinois. •Courts should probably be more deferential to contracting parties. •Still, the court is enforcing Illinois law, and Illinois doesn't like penal damages. In California, replevin cases are typically filed in the Superior Court of the county where the property is located or where the defendant resides.