New York Verified Complaint for Replevin or Repossession

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.


The New York Verified Complaint for Repletion or Repossession is a legal document that initiates a legal action to recover possession of personal property or chattels from someone who wrongfully possesses or retains them. It is filed in the New York State court system to seek relief through the court's intervention in cases of theft, non-payment, breach of contract, or unlawful possession. The purpose of the Verified Complaint is to provide a detailed account of the plaintiff's claim, stating the facts and legal basis for seeking repossession of the property. The complaint must be "verified," meaning it is sworn to be true under penalty of perjury by the plaintiff or someone with personal knowledge of the facts. Some of the essential details that should be included in a New York Verified Complaint for Repletion or Repossession are: 1. Title and Caption: The document's heading should state the case name, court name, and the nature of the action (Repletion or Repossession). 2. Parties Involved: Clearly identify the plaintiff (the party seeking repossession) and defendant (the party wrongfully possessing the property). 3. Jurisdiction and Venue: Explain why the court has the authority to hear the case and why the specific county or district is the proper venue for the lawsuit. 4. Background and Facts: Provide a detailed account of the circumstances of the property, including its description, ownership, and any relevant agreements or contracts relating to its possession or financing. 5. Legal Claims: State the legal grounds for the claim, such as breach of contract, theft, default on payment, or any other applicable law that justifies the repossession of the property. 6. Demand for Relief: Clearly state the plaintiff's request for relief, which typically includes an order for the immediate repossession of the property, accompanied by any additional damages, attorney fees, or costs incurred due to the defendant's actions. 7. Verification: Include a verification statement, which affirms that the information provided in the complaint is true to the best of the plaintiff's knowledge. There are no distinct types of New York Verified Complaints for Repletion or Repossession since the legal action primarily revolves around initiating the repossession process for wrongfully detained property. However, the specifics of each case may vary depending on the type of property involved and the legal basis for repossession. Keywords: New York, Verified Complaint, Repletion, Repossession, legal action, personal property, chattels, theft, non-payment, breach of contract, unlawful possession, pledging, ownership, jurisdiction, venue, background, facts, legal claims, relief, damages, attorney fees, perjury.

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How to fill out New York Verified Complaint For Replevin Or Repossession?

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FAQ

First you need to know if the complaint is verified. A verified complaint has a statement at the very end of the complaint, after the attorney's signature (or the plaintiff's signature if there is no attorney), that is signed under penalty of perjury stating that the statements in the complaint are true.

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.

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).

In a replevin action, the plaintiff (that is, the person who is suing) bears the burden to establish ownership, absolute or qualified, with the right to exclusive possession at the time of bringing the replevin action. The failure to do so entitles the defendant to judgment.

Replevin, also known as "claim and delivery," is an action to recover personal property that was wrongfully taken or detained. Unlike other forms of legal recovery, replevin seeks the return of the actual thing itself, as opposed to monetary damages (the more commonly sought-after remedy).

In New York, a replevin action is governed by the three-year statute of limitations in CPLR 214 (3). The law that applies is the law of the state where the tangible personal property is located.

More info

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.Oct 25, 2021 Oct 23, 2020 — In a replevin action, the plaintiff seeks the return of property, not money damages. Genger v. Genger, 2016 N.Y. Slip Op. 30602 (Sup. Ct., N.Y. ...Where do I file a grievance against my attorney? The authority to regulate and discipline lawyers in New York State is vested in the Appellate Divisions of the ... How to fill out Verified Complaint Form File? Access to top quality Verified Complaint for Replevin or Repossession templates online with US Legal Forms. EX PARTE APPLICATIONS, ORDERS TO SHOW CAUSE, AND OTHER APPLICATIONS All ex parte applications are to be submitted to the Ex Parte Office (Room 315) except ... You must complete and file the NON-MILITARY AFFIDAVIT with the Clerk prior to the Pre-Trial Conference or hearing on your complaint. BELOW ARE THE FOLLOWING ... Dec 11, 2002 — Section 78.055 clearly sets forth the requirement that a replevin action is, in the first instance, initiated by the filing of a complaint. Jun 22, 2021 — Prepare a Complaint for Replevin. Attach any proof of a bill of sale, title to the property, and photographs of the property to your complaint. 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. May 23, 2023 — Provide the person who will complete service a set of the following forms for each Defendant: ❑ Summons (CRCCP 1), Verified Complaint in ...

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New York Verified Complaint for Replevin or Repossession