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 For Property In Queens
Category:
State:
Multi-State
County:
Queens
Control #:
US-000265
Format:
Word;
Rich Text
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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.
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.
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.
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.
In contrast to personal property like chattels and motor vehicles, replevin generally doesn't apply to real property like real estate or houses. Real property, such as land, houses, or other types of real estate, is immovable.
The writ of replevin must be directed to the sheriff, or other officer authorized by law, of the county where the chattels are located. The write of replevin must describe the chattels with specificity.
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.
(3) The buyer has a right of replevin for goods identified to the contract if after reasonable effort he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in ...
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The writ of replevin must be signed in the name of the Clerk of the Superior Court issuing the writ. A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property.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. Until further notice, Con Edison shall also file quarterly reports on customer accounts that proceed to collection using the replevin process. BACKGROUND. The. Queens Civil Court largely mirrored the Kings Civil Court replevin process. The VICs were held in a courtroom with two. 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. Legal courts may require a plaintiff to file a replevin bond if they sue to recover property from a defendant. In California, replevin cases are typically filed in the Superior Court of the county where the property is located or where the defendant resides.