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.
Complaint Replevin Form With Action In Clark
Category:
State:
Multi-State
County:
Clark
Control #:
US-000265
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Word;
Rich Text
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FAQ
Filing your complaint starts your case, but the summons is the document that is issued under the court's authority that notifies your defendant they are being sued and that they need to take action.
Primary tabs. A complaint is the pleading that starts a case. Essentially, a document that sets forth a jurisdictional basis for the court's power, the plaintiff's cause of action, and a demand for judicial relief. A plaintiff starts a civil action by filing a pleading called a complaint.
Procedure for Obtaining, in Court, a Writ of Replevin The filing of a complaint begins a replevin action. As in other civil actions, the defendant is brought into Court by the service of the summons and the complaint. If the plaintiff establishes the cause of action, the Court must enter an Order granting possession.
What Should Be in My Complaint? Name of the judge, court commissioner or referee. Court in which the judicial officer serves. Case type, name, and number, if the conduct involves a case, and your relationship to the case. Date or dates on which the conduct occurred.
In essence, a legal complaint initiates a lawsuit, while a lawsuit encompasses the entire process of resolving the dispute in court. The existence of a lawsuit and its course through the judicial process is also referred to as “litigation.”
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.
Settlement: At any time after the filing of the Complaint, the parties may engage in settlement discussions. A settlement occurs when the parties resolve their civil dispute, usually after negotiating among themselves rather than the court or a jury deciding the case.
Filing a Replevin Case Complete these forms and file them with the court: Fill out JDF 116 Verified Complaint in Replevin and Exhibit A. Fill out the caption only on the CRCCP Form 1 Summons and the CRCCP Form 3 Answer Under Simplified Civil Procedures. Fill out the caption box on JDF 117 Order to Show Cause.
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.
Replevin is an action seeking return of personal property wrongfully taken or held by the defendant. In exchange for the personal property, the plaintiff in the action pledges a security and is allowed to hold the property until the case is resolved by the court.