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.

US Legal Forms
1200 Civil Action Forms
Verified Complaint for Replevin or Repossession

Replevin Form Document With Court Order 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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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 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.

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.

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.

More info

The Circuit Court has a form for the Complaint for a Writ of Replevin. AOCCVM202 , Small Claims (CVM).Complaint To Recover Possession Of Personal Property. Files. Plaintiffs in a replevin action must execute several procedures in order to file for an action of replevin in civil court. In a given lawsuit, a judgment may direct a dismissal of the lawsuit, order payment of a money amount or a direct one or more of the parties to do an act. If you are not suing as an individual, you must obtain a Form 50 from the. Court and file this, along with the required filing fee with the Chief Magistrate. Motion for Free Process. Notably, trial court decisions make determinations of rights and enforce them through court orders –. Automate legal documents and court forms.

Replevin Form Document With Court Order In Wake

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