Replevin File With Court In Wake

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Wake

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

“Replevin” is a process whereby seized goods may be restored to their owner. In a replevin case, the Plaintiff claims a right to personal property (as opposed to real property/real estate) which has been wrongfully taken or detained by the defendant and seeks to recover that personal property.

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 may also be referred to as claim and delivery. 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.

In a replevin case, the Plaintiff claims a right to personal property (as opposed to real property/real estate) which has been wrongfully taken or detained by the defendant and seeks to recover that personal 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.

Replevin can also refer to a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions). Replevin may be ordered as a final judgment, or in some jurisdictions, as a provisional remedy.

The District Court division handles civil cases involving a claim for $25,000 or less, all family and juvenile cases, misdemeanor criminal cases, and infractions such as traffic tickets. Who are the “plaintiff” and “defendant”? A “plaintiff” is a person who files a lawsuit.

File a motion for a writ of replevin. The motion must be accompanied by an affidavit or verified complaint that supports the allegations in your complaint. The affidavit must also state that you will post a replevin bond with the court. The amount of the bond will be set by the court.

More info

In a replevin action, the plaintiff seeks the return of property, not money damages. Click on the "Forms" tab.In the "Small Claims" section, click on the "Motion for Contempt of Court" form. This part of the booklet explains where to sue, which complaint form to use, how to fill in the prop- er legal forms, how to file the claim, and how to get the. In order to initiate a case, you must fill out the Complaint and submit it, along with the filing fee, to the Court. If you determine that your case is a. 2. What do I need to file a replevin? Filing a replevin or detinue requires four steps: 1. These forms must be filled out and submitted to the Clerk of the Court together. Photo identification is required if you want court staff to take your oath on any court filing.

Replevin File With Court In Wake

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