How does a replevin order work?

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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Verified Complaint for Replevin or Repossession

Replevin With Damages Meaning In Suffolk

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Suffolk

Control #:

US-000265

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Instant download

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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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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.

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.

Creditors use replevin actions to recover collateral when debtors default on secured loans. For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments.

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.

(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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In a replevin action, the plaintiff seeks the return of property, not money damages. Replevin is the common law cause of action for recovering personal property wrongfully withheld from its rightful owner.A wrongful act or breach of legal duty resulting in damages, not founded on contract. Replevin is a legal action where you ask for the return of personal property, with possible damages. Summary: This page provides past cases highlighted on the front page of the website as recent cases. The month and year of publication are listed. Replevin, against all Defendants. The replevin actions were typically prosecuted in the New York City Civil Court and District Court in Nassau and Suffolk County. 3220 Salaries Regular Employees-. 1. Surrogate. B. Introduction to Equitable Relief. 468.

Replevin With Damages Meaning In Suffolk

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