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

Writ Of Replevin Form 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

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.

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.

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, also known as claim and delivery, is the legal action of recovering personal property which was wrongfully taken.

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.

More info

A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property. A. Writ of Replevin.B. Affidavit from the Plaintiff or another person who must state: 1. In a replevin case, the Plaintiff claims a right to personal property. Fill out a Small Claims Summons and Complaint form or Summons for Consumer Replevin form. A complaint for a writ of replevin may be filed in the District Division of the Circuit Court. Replevin actions are filed in the District Court only. These forms must be filled out and submitted to the Clerk of the Court together. Colorado Rules of County Court Civil Procedure. ◇ Your case must be filed in the county in which the property is located.

Writ Of Replevin Form With Court In Wake

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