Replevin Repossession In Queens

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Queens

Control #:

US-000265

Format:

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

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.

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.

Repossession, colloquially repo, is a "self-help" type of action in which the party having right of ownership of a property takes the property in question back from the party having right of possession without invoking court proceedings.

Alternative Legal Actions Other legal remedies may be more appropriate than a replevin action, depending on why the court denied the replevin action. These might include: An action for monetary damages. A claim for trespass to chattels, based on substantial interference with the use of your personal property.

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.

What happens once I file the replevin? Your case will be set for a hearing to go before a judge. An Order To Show Cause will be issued and served on the defendant, notifying him/her of the action and the date of the hearing. You will also be notified of the hearing date.

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.

More info

The writ of replevin must be signed in the name of the Clerk of the Superior Court issuing the writ. 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.Generally speaking, it is best to file the action in the jurisdiction where the improperly seized materials are being held. 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. If you default on your car loan payments, the lender can take your car back through repossession or replevin. Learn the difference. A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property. The process of starting a replevin action usually begins with filing a complaint. Replevin is a provisional remedy that is usually ordered before a judgment. " You can read more about the replevin laws in NY on this website.

Replevin Repossession In Queens

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FAQ

What is the difference between replevin and repossession?

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