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.
Replevin Form Document Format In Franklin
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State:
Multi-State
County:
Franklin
Control #:
US-000265
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Word;
Rich Text
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FAQ
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.
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.
No Statute of Limitations Murder (first and second degree) Arson (first degree)
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.
To maintain replevin, the plaintiff must have the right of exclusive possession to the goods in question. The plaintiff must not only have property absolute or qualified, and the right of possession at the time of the commencement of the action, but he or she must have the exclusive right of possession.
Depending on the type of case or procedure, New York's statutes of limitations generally range from one (1) year to six (6) years. The point at which the clock starts ticking is typically the date of the incident or discovery of a wrong.
A replevin case can be filed either in a Municipal Court, County Court or a Common Pleas Court. If the value of the property claimed is more than $15,000, you should file in the Common Pleas Court. Attached are the forms you need to file to begin an action for replevin.
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.
Replevin can also refer to a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions). Replevin may be ordered as a final judgment, or in some jurisdictions, as a provisional remedy.
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.
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Attached are the forms you need to file to begin an action for replevin. These forms must be filled out and submitted to the Clerk of the Court together.Below is a selection of forms for various Franklin County Courts. Call the Franklin County Law Library at for assistance. The below forms are for Franklin Templeton funds. Do NOT use these forms for Western Asset Money funds. General. Most forms below are in PDF format and can be viewed and printed using the Adobe Acrobat Reader version 4.0 or higher. To submit this form, visit your local court's Clerk's office, where you'll provide the completed forms and pay any applicable fees. How do I file this motion? Write the names of the parties and the case number in the blanks provided at the top.