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In replevin actions, the plaintiff shall file a written statement setting forth all the necessary averments which the plaintiff claims to constitute the right of action. Such statement of claim shall be filed before the summons is issued.
Under Delaware law, the party seeking an equitable remedy has the burden to show that a legal remedy would be inadequate. To meet its burden, Plaintiff argues that money damages in this case would be impracticable and not readily quantifiable.
For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments. See Debtor and Creditor Law. 2. A writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions).
(c) The proceeding shall be commenced by filing in the pending action with the prothonotary's office a motion for a rule to show cause pursuant to Superior Court Civil Rule 64.1, accompanied by an affidavit showing service on the defendant and setting forth the facts constituting the violation.
Should I Take My Case to Small Claims Court? StateSmall Claims Court LimitDelaware$15,000District of Columbia$10,000Florida$5,000Georgia$15,00047 more rows
Service of process shall be made by the sheriff to whom the writ is directed, by a deputy sheriff, or by some person specially appointed by the Court for that purpose, except that a subpoena may be served as provided in Rule 45. Process, complaint and affidavit of demand to be served together.
Motion to Compel Discovery ? A party's request that the Court order the party's opponent to respond to the party's discovery request. Discovery in a lawsuit is a way to learn more about your opponent's case.