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.
Verified Replevin Repossession Application Withdrawn In Wake
Category:
State:
Multi-State
County:
Wake
Control #:
US-000265
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
General Information: “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.
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.
Repossession, colloquially repo, is a "self-help" type of action in which the party having right of ownership of a property takes the property in question back from the party having right of possession without invoking court proceedings.
What happens once I file the replevin? Your case will be set for a hearing to go before a judge. An Order To Show Cause will be issued and served on the defendant, notifying him/her of the action and the date of the hearing. You will also be notified of the hearing date.
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 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 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.
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
If you default on your car loan payments, the lender can take your car back through repossession or replevin. Learn the difference.If a car loan lender can't repossess a vehicle, it will probably get possession of the car through a process called "replevin." Before the hearing, you can answer the lender's complaint in the replevin action, although you probably will have only a short time to respond. Complete this form and bring it with the license plates, if any, to any Motor Vehicles office. I just heard someone say "If your car is getting repossessed, jump in the car because they can't legally tow it and police can't stop it. Before you would make any payments, you would want to make sure that the plaintiff agrees to withdraw the complaint and files papers in court to withdraw it. Replevin is the common law cause of action for recovering personal property wrongfully withheld from its rightful owner. If you cannot repossess it peacefully, a legal remedy called a replevin may be your best recourse. If you cannot repossess it peacefully, a legal remedy called a replevin may be your best recourse.