Complaint Replevin Form With Attorney In Wake

State:
Multi-State
County:
Wake
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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FAQ

For each paragraph in the complaint, state whether: the defendant admits the allegations in that paragraph; denies the allegations; lacks sufficient knowledge to admit or deny the allegations; or admits certain allegations but denies, or lacks sufficient knowledge to admit or deny, the rest.

To initiate the replevin action, creditors must attach proof of a bill of sale, property title, debt agreement, etc. to a complaint filed with the clerk of court. This filing will include a replevin summons, as well as filing the original documents with the court as well.

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.

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).

To initiate the replevin action, creditors must attach proof of a bill of sale, property title, debt agreement, etc. to a complaint filed with the clerk of court. This filing will include a replevin summons, as well as filing the original documents with the court as well.

The Replevin action is used for resolving civil disputes involving personal property valued up to $15,000.00 (excluding court costs, interest and/or attorney's fees, if applicable). This process allows for an individual to recover property which another person refuses to return.

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.

(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 ...

Defendants can also move to extend any deadlines. As noted above, there are three types of pre-answer motions that can be filed in response to a complaint: (1) a motion to dismiss the complaint, (2) a motion for a more definite statement, and (3) a motion to strike.

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.

More info

The forms can be filled in on the computer. They must file a Summons and Complaint to commence a replevin action.Fill out a Complaint form. a. Near the top of the first page, write your name in the space above the word. "Plaintiff". The writ of replevin must be signed in the name of the Clerk of the Superior Court issuing the writ. Photo identification is required if you want court staff to take your oath on any court filing. The filing of a complaint begins a replevin action. These forms must be filled out and submitted to the Clerk of the Court together. Contains fields to complete on-line (print out for filing). If you are filing a consumer replevin case, you must draft a complaint and attach it to the Summons.

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Complaint Replevin Form With Attorney In Wake