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.
Writ Of Replevin Form With Two Points In Allegheny
Category:
State:
Multi-State
County:
Allegheny
Control #:
US-000265
Format:
Word;
Rich Text
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FAQ
Creditors use replevin actions to recover collateral when debtors default on secured loans. For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments.
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.
Replevin, also known as claim and delivery, is the legal action of recovering personal property which was wrongfully taken.
File a motion for a writ of replevin. The motion must be accompanied by an affidavit or verified complaint that supports the allegations in your complaint. The affidavit must also state that you will post a replevin bond with the court. The amount of the bond will be set by the court.
If the Court issues a writ of replevin ex parte, the defendant will have the right to request an earlier hearing. If such a request is made, the court will have a hearing more quickly but with not less than 48 hours notice to you.
Indiana statute. the owner or claimant may bring an action for the possession of the property. When lenders seek to enforce a security interest in, for example, a borrower's equipment, counsel should include a count for replevin, which will result in a court order granting the right to repossess the equipment.
For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments. Replevin can also refer to a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions).
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.
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These sample forms may be useful when filing documents for the civil and family courts. If you have any questions, consult an attorney.The Court of Common Pleas of Allegheny County (Fifth Judicial District) consists of the following divisions:. The procedure in the action of replevin from the commencement to the entry of judgment shall be in accordance with the rules relating to a civil action. A plaintiff may obtain pre-complaint discovery where the information sought is material and necessary to the filing of the complaint. Verification. I verify that the statements made in this affidavit are true and correct. 2. Fill out a Small Claims Summons and Complaint form or Summons for Consumer Replevin form. It may be filed only in a Pennsylvania magisterial district court and not in the Philadelphia Municipal Court. Please do not send cash through the mail. I am not sure why outofstate attorneys are answering questions about local PA practice.