Replevin Action For Pets In Suffolk

State:
Multi-State
County:
Suffolk
Control #:
US-000265
Format:
Word; 
Rich Text
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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  • Preview Verified Complaint for Replevin or Repossession
  • Preview Verified Complaint for Replevin or Repossession
  • Preview Verified Complaint for Replevin or Repossession
  • Preview Verified Complaint for Replevin or Repossession

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FAQ

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.

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.

If your dog has been taken wrongfully, perhaps by a family member, or ex non-marital partner, it is possible to use the property status of your animal to obtain a judgment. Replevin is an effective civil remedy to get your dog back.

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.

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.

Answer. People who believe that their animal is being wrongfully withheld can commence a civil lawsuit (such as a replevin action) to try to get the animal returned and can also contact the police, although the police do not usually get involved in pet custody disputes.

To get back the dog, you will need to sue your ex in court. You will need to prove ownership of the dog to get full possession of the dog. Evidence will be bill of sale or contract to buy the dog, vet bills, microchip owner in the dog, food and care bills for the dog, etc.

Contact animal control: You can also reach out to your local animal control agency to report the situation and ask for their assistance. They may be able to help mediate the situation or offer resources to help you get your dog back. Remember to remain calm and persistent in your efforts to get your dog back.

In California, pets are generally considered property under the law, and if you have proof of ownership, such as adoption papers or veterinary records, it can strengthen your case. Since you had possession of the dog before and have evidence of your previous ownership, you may have legal grounds to reclaim your pet.

More info

Under New York Law, replevin is the correct cause of action to bring against a person who refuses to give you your comfort animal back. If the parties are not married, it may be possible to file in civil court for the return of the pet under a concept known as "replevin.This is a case of an unmarried, cohabitating couple that jointly bought a dog and now dispute who should have the dog after the relationship has terminated. Consider first a lawyer letter seeking return of the dog to avoid litigation. If you are seeking immediate return of your dog, a bond is required at double the value, to protect the defending party against wrongful action. How to fill out the Commercial Claims Complaint Form. My office just represented a client in a personal property rights case.

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Replevin Action For Pets In Suffolk