What is a complaint in Replevin?

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.

What is the legal definition of complaint?

A complaint is the pleading that starts a case. Essentially, a document that sets forth a jurisdictional basis for the court's power, the plaintiff's cause of action, and a demand for judicial relief. A plaintiff starts a civil action by filing a pleading called a complaint.

What can filing a complaint do?

Filing your complaint starts your case, but the summons is the document that is issued under the court's authority that notifies your defendant they are being sued and that they need to take action.

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Verified Complaint for Replevin or Repossession

Complaint Replevin Form With Two Points In Suffolk

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Suffolk

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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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.

Replevin (/rɪˈplɛvɪn/) or claim and delivery (sometimes called revendication) is a legal remedy which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses.

How do I start my Small Claims or Commercial Small Claims case? You or someone else may start your case by filling out a Complaint Form (DC-283). The Complaint Form describes your claim to the Court. You may file by mail or you may file in person at one of the District Court courthouses.

For assistance you may call (631) 853-4600 Monday through Friday, from 9am to 4 pm. Note: To initiate a complaint, you must complete and sign the complaint form and then send it back to us with the required documentation.

For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments. Replevin can also refer to a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions).

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 complaint is the pleading that starts a case. Essentially, a document that sets forth a jurisdictional basis for the court's power, the plaintiff's cause of action, and a demand for judicial relief. A plaintiff starts a civil action by filing a pleading called a complaint.

Filing your complaint starts your case, but the summons is the document that is issued under the court's authority that notifies your defendant they are being sued and that they need to take action.

More info

Application for a summons DC-430 File with a verified complaint to request the court to issue a summons if you do not have an attorney. Note: This form must be downloaded to your device in order to be filled out properly.It must be opened in Adobe Acrobat Reader. Fill out a Small Claims Summons and Complaint form or Summons for Consumer Replevin form. This form is fillable. It must be opened in Adobe Acrobat in order for all the date functions to work properly. Attached are the forms you need to file to begin an action for replevin. This form must be completed and filed with the complaint or other initial pleading in all District Court and BMC civil actions seeking money damages. 8 steps to file a special civil case. Complete the Special Civil Part complaint (Form A in the Kit).

Complaint Replevin Form With Two Points In Suffolk

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