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 Georgia
Instant download
Description
Free preview
Form popularity
FAQ
Replevin actions are common and fall into two types of action: if immediate possession of the property is sought and if the party filing the action is content to wait for an adjudication of final rights.
Re·plev·in ri-ˈple-vən. : an action originating in common law and now largely codified by which a plaintiff having a right in personal property claimed to be wrongfully taken or detained by the defendant seeks to recover possession of the property and sometimes to obtain damages for the wrongful detention.
Personal property foreclosure, legally termed a “replevin proceeding,” is a creative tool to use when you need to recover on a debt that is not real property related. The types of personal property you can seize range from cars, tractors, trucks, furniture, store merchandise and much more.
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.
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.
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.
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).
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.
Personal property foreclosure, legally termed a “replevin proceeding,” is a creative tool to use when you need to recover on a debt that is not real property related. The types of personal property you can seize range from cars, tractors, trucks, furniture, store merchandise and much more.
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.
More info
Downloadable Acrobat Reader Forms. CLAIMS. Statement of Claim (MAG 10-01).Purpose of form: Form used for beginning your lawsuit in Magistrate Court. In a replevin case, the. Filing status information is updated daily and is available here online. Case number, judge assignment, and service status information may also be obtained. Learn how to file and access case files and court records information. 1. Open the replevin forms in the PrintFriendly editor. Georgia Superior Court Standard Forms and General Instructions. Attached are the forms you need to file to begin an action for replevin.