This form is a Complaint for Replevin Without Bond. Defendant has defaulted on an installment contract by failing to pay a debt on certain property when it was due. Therefore, plaintiff requests that the court enter a judgment in favor of plaintiff and immediately seize the property and deliver it to plaintiff.
Maryland Complaint for Replevin or Repossession Without Bond and Agreed Order
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West's Annotated Code of MarylandMaryland Rules (1) A person claiming the right to possession of personal property may file an action under this Rule. (C) shall be brought in the circuit court if the value of the property and any damages claimed exceed the monetary jurisdiction of the District Court.
Rather than filing an answer, a defendant may file a preliminary motion (Md. Rule 2-322). The filing of a preliminary motion under Maryland Rule 2-322 automatically extends the time for filing an answer to either: ? 15 days after the court's entry of the decision on the motion.
Replevin seeks the return of property, along with possible damages. It allows for the possible return/possession of the property at a Show Cause hearing, a hearing held before a trial. It is filed in the District Court, regardless of the amount in dispute.
Detinue is a legal action that is most often utilized when a person has possession of property that they should not have, such as when they default on a loan. Replevin allows the seizure of property by law enforcement. Detinue provides for the return of the property by the party who has it unlawfully.
A writ of detinue is a legal document used to recover personal property that has been wrongfully taken by someone else. It is a type of lawsuit that allows a person who has the right to possess certain goods to sue someone who is currently in possession of those goods but refuses to return them.
What are Replevins and Detinues? A replevin is a legal action that allows you to seek the immediate return of property prior to a trial. A detinue seeks the return of property or compensation for its value, but does not allow for a hearing prior to trial to determine immediate possession of property.
A writ of replevin was available only for an unlawful taking in the nature of a wrongful distress, where restitution could be made for the goods wrongfully taken (being in the nature of a redelivery of the pledge or the thing taken in distress) with damages for the loss sustained by such action.