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.
Replevin For Money In Wake
Category:
State:
Multi-State
County:
Wake
Control #:
US-000265
Format:
Word;
Rich Text
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FAQ
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.
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.
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.
When filing a replevin suit, the plaintiff must provide evidence that they are the rightful owner of the property in question and that it was taken without justification or consent.
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, a form of lawsuit in common-law countries, such as England, Commonwealth countries, and the United States, for return of personal property wrongfully taken and for compensation for resulting loss. Replevin is one of the oldest legal actions, dating to the 14th century. It is now called “claim and delivery.”
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.
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).
Alternative Legal Actions Other legal remedies may be more appropriate than a replevin action, depending on why the court denied the replevin action. These might include: An action for monetary damages. A claim for trespass to chattels, based on substantial interference with the use of your personal property.
“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.
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The writ of replevin must be signed in the name of the Clerk of the Superior Court issuing the writ. Replevin is available to a party seeking the return of goods pursuant to a court order directing a party to return the goods or collateral to you.Creditors use replevin actions to recover collateral when debtors default on secured loans. The first step to a successful lawsuit is thoroughly researching the applicable laws and regulations related to replevin lawsuits in your jurisdiction. A replevin lawsuit is a lawsuit filed to recover money that is claimed to have been unjustly obtained as a result of the threat of compulsory execution. Replevin actions may not be used to recover possession of real estate or other real property. Tomorrow, when you go to the court to pick up the signed writ of replevin order, you can then provide it to the sheriff. You moved out, and the landlord kept some of your personal property in return for your past due rent. A cash bond in an amount of at least double the sworn value of the property. Note: When you file the original bond, be sure to include a self-addressed stamped.