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 Foreclosure 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

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 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.

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.

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.

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.

When Replevin May Apply. In general, repossession is easier for a lender than replevin because it involves a less formal process and tends to be more efficient. A lender cannot use repossession, however, when it would result in a breach of the peace.

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We handle mortgage foreclosures affecting commercial and residential property. We regularly handle actions seeking to recover all types of personal property.In a replevin action, also called a "claim and delivery", a party seeks to have the court order the delivery of property they claim legally belongs to them. What do I need when I send over a replevin order? An action for replevin must be filed in a court that has the power to handle the case. While repossession does not involve a formal process in court, replevin consists of getting the court to order the consumer to return the vehicle to the lender. You do not have a right to notice in the repossession process, but you do have a right to notice if the lender pursues a replevin action. The legal remedy of Replevin is best used when the secured creditor cannot repossess the collateral without breaching the peace. When used as provisional relief, it allows the plaintiff to maintain possession of the contested property during the legal proceedings. After you have regained possession of your property, you must proceed to get a Final.

Replevin Foreclosure In Wake

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