Writ Of Replevin Form With Court Order In Bronx
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FAQ
In New York, this type of substitute motion is called an "Order to Show Cause." An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced there's a real emergency.
The Civil Court has monetary jurisdiction up to $50,000.00, including replevin when the value of the chattel does not exceed that amount.
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.
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.
When you file your Complaint for Writ if Replevin, a hearing will be scheduled and the court will issue a notice for service upon the defendant. The hearing will be between 10 and 20 days from the date that the court issues the notice to the defendant.
What happens if the Defendant does not appear in court? If the defendant does not come to court, an inquest will likely be held and a decision made in favor of the Claimant (the person who filled the suit in Small Claims court).
To file a motion for contempt in New York, certain criteria must be met. There must be an existing order of the court that is clear and unambiguous, and the accused must be proven to have known about this order and willfully disobeyed it.
To win, you must prove your civil case by the “preponderance of the evidence.” In other words, the judge or jury must believe that your case is stronger than the other side's case.
