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 Form Document Without Comments In Queens
Category:
State:
Multi-State
County:
Queens
Control #:
US-000265
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Word;
Rich Text
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FAQ
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.
A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.
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.
A trespasser's possession must be: adverse. under claim of right (meaning the supposed trespasser has a reasonable basis for believing that the property legally belongs to them) open and notorious (using the property as the real owner would, without hiding their occupancy; see N.Y.
To maintain replevin, the plaintiff must have the right of exclusive possession to the goods in question. The plaintiff must not only have property absolute or qualified, and the right of possession at the time of the commencement of the action, but he or she must have the exclusive right of possession.
(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 ...
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.
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.
A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.
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In a replevin action, the plaintiff seeks the return of property, not money damages. Plaintiffs in a replevin action must execute several procedures in order to file for an action of replevin in civil court.Complaint fill in. PDF. Complaint fill in long. PDF. The first step is to hire a real estate lawyer in NYC. Once you do that, you and your lawyer can file the Complaint form with the court. 2. Fill out a Small Claims Summons and Complaint form or Summons for Consumer Replevin form. (4) Whether or not a Form is set out in the Schedule of Forms, each document must end with the following: (a) an address for service of documents;.