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.
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 Civil Court has monetary jurisdiction up to $50,000.00, including replevin when the value of the chattel does not exceed that amount.
While it's not mandatory to hire a lawyer for small claims court, consulting one can provide valuable insights and increase your chances of success, especially in more complex cases. Weigh the complexity of your case, your comfort with legal procedures, and the potential costs to make an informed decision.
You do not need a lawyer to sue in Small Claims Court. But you may hire one, if you want. The other side may also hire a lawyer. The Court will not give you a lawyer.
Be clear and concise when presenting your case; don't go off on tangents, don't insult the other party, don't bring up information or events that aren't directly related to the matter at hand. Rehearse presenting your case before you get into court. Listen to everything the judge says and answer clearly.
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.
In New York City the Small Claims Court is a part of the Civil Court of the City of New York. It is an informal civil court where a person can sue another person or business for up to $5000 without needing to hire a lawyer.
A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.
When filing a replevin suit, the plaintiff must provide evidence that they are the rightful owner of the property in question and that it was taken without justification or consent.
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.