Replevin With Damages In Wayne

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Wayne

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

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.

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 replevin action is a speedy statutory remedy designed to allow one to recover possession of property wrongfully held or detained, as well as any damages incidental to the detention.”

What Is A Replevin Action? In Indiana, a cause of action for “replevin” will come into play if your lending institution collateralized its loan with tangible personal property and if your borrower defaulted on such loan. For more on the fundamentals of a claim for replevin in Indiana, keep reading. Vocabulary.

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.

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In a replevin action, the plaintiff seeks the return of property, not money damages. Punitive or Exemplary Damages.Generally speaking, it is best to file the action in the jurisdiction where the improperly seized materials are being held. Put simply, a replevin action seeks the return of personal property wrongfully taken and for compensation for any resulting loss. When another party is in possession of your property, you can pursue the remedy of replevin in order to regain possession. Our attorneys can help. Replevin is the common law cause of action for recovering personal property wrongfully withheld from its rightful owner. In a replevin case, the. NOTE: Court clerks cannot provide assistance in completing these forms. The law affords two possible measures of damages in a replevin action.

Replevin With Damages In Wayne

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