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North Carolina Verified Complaint for Replevin or Repossession

Category:
Civil Actions - Replevin
State:
Multi-State
Control #:
US-000265
Format:
Word; 
Rich Text
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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.


North Carolina Verified Complaint for Repletion or Repossession is a legal document filed by a creditor seeking to recover possession of personal property that has been wrongfully taken by a debtor. This complaint initiates the legal process of repossessing the property and asserting the creditor's rights to its possession. Keywords: North Carolina, Verified Complaint, Repletion, Repossession, creditor, debtor, personal property, possession, legal process. There are two main types of North Carolina Verified Complaints for Repletion or Repossession: 1. North Carolina Verified Complaint for Repletion: This type of complaint is commonly used when the creditor believes that the debtor wrongfully possesses their personal property. In this document, the creditor outlines the details of the property and how the debtor obtained possession unlawfully. The verified complaint is usually filed with the appropriate North Carolina court and serves as the initial step to reclaiming the property through judicial intervention. 2. North Carolina Verified Complaint for Repossession: This type of complaint is utilized when the creditor seeks to repossess property that serves as collateral for a loan or as part of a lease agreement. In this document, the creditor specifies the terms of the agreement, any default on payments, and their rights to repossess the property. Filing a verified complaint for repossession is an essential step towards legally repossessing the property and protecting the creditor's interests. In both cases, the creditor must provide sufficient evidence and details in the verified complaint to support their claim for repletion or repossession. It is crucial to consult with legal counsel or follow the specific filing requirements of the North Carolina court where the complaint will be filed to ensure compliance with the relevant laws and procedures. Note: The information provided is for general informational purposes only and should not be considered legal advice. It is recommended to consult with a qualified attorney for specific guidance regarding North Carolina Verified Complaints for Repletion or Repossession.

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How to fill out North Carolina Verified Complaint For Replevin Or Repossession?

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FAQ

1. An action seeking return of personal property wrongfully taken or held by the defendant. Rules on replevin actions vary by jurisdiction.

Court Fees Filing a civil action (includes a $52.00 administrative fee) The administrative fee does not apply to applications for a writ of habeas corpus or to persons granted in forma pauperis status under 28 U.S.C § 1915.$402.00Certificate of Good Standing or Duplicate certificate of admission$20.0021 more rows ?

In order to recover property through a replevin claim, a creditor will also need to provide the court clerk with certain documentation, including a description of the property and its value, a statement showing the creditor has a right to the property, and an assertion that the property is being wrongfully withheld by ...

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.

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.

?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.

A complaint where the plaintiff (or, in limited cases, the plaintiff's counsel) swears to the allegations, demonstrating to a court that the plaintiff has investigated the charges against the defendant and found them to be of substance.

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Aug 1, 2017 — Complaint To Recover Possession Of Personal Property. Files. Complaint To Recover Possession Of Personal Property. PDF, ... How to fill out Verified Complaint Form File? Access to top quality Verified Complaint for Replevin or Repossession templates online with US Legal Forms.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 ... Oct 25, 2021 — Where to File: A replevin action is typically commenced by filing a complaint in the appropriate jurisdiction. Generally speaking, it is best to ... A replevin action must be filed with a court that has the authority to render a ruling based on the property's value, and in the county where the property is ... This is to certify that the undersigned has repossessed the motor vehicle described because of the failure of the former owner to meet his obligation in the ... by S Neth · Cited by 31 — One of the most effective remedies that secured creditors have had against defaulting consumer debtors has been to replevy the goods secur- ing the debt. by DA Whitman · Cited by 4 — 3 6 And as a third choice, the tenant may file an independent action in the superior court to impeach and vacate the judgment.3 7 Even if the service is deemed ... If the value of the property is $25,000 or less, the filer may actually file in either the Circuit. Court or the Superior Court. The Circuit Court has a form ... - Upon the filing of the complaint, summons shall be issued forthwith, and in any event within five days. The complaint and summons shall be delivered to some ...

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