Complaint Replevin Sample Without Notice Period In Kings

Q: What is a replevin complaint?

General Information: Replevin is a process whereby seized goods may be restored to their owner. 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.

Q: What is the legal definition of replevin?

Re plev in ri- ple-v n. : 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.

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Kings

Control #:

US-000265

Format:

Instant download

Description

The Complaint replevin sample without notice period in Kings is a legal document designed to recover personal property that is claimed to be unlawfully detained by another party. This form is particularly useful in situations where urgent action is necessary to regain possession of items, such as vehicles, without the typical notice to the defendant. Key features of this complaint include the identification of the parties, jurisdiction and venue information, factual assertions regarding the ownership and security interest in the property, and the specific requests for relief sought by the plaintiff. Users filling out this form must provide complete information regarding contract details and the property involved, ensuring all attached exhibits are correctly referenced and included. Legal professionals, including attorneys, paralegals, and legal assistants, will find this form beneficial for cases involving disputes over ownership or possession of secured goods. This complaint is particularly applicable in commercial contexts, such as business partnerships or lender-borrower relationships, where the return of property is critical to operational continuity. The clear structure and specific directives within the form facilitate ease of use, enhancing a user's ability to navigate the legal process efficiently.

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FAQ

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.

General Information: “Replevin” is a process whereby seized goods may be restored to their owner. 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.

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.

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.

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.

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).

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.

If you are suing for injuries or damages caused to yourself or your property, for example an assault or a car accident, the time limit is generally two years from the date of injury or damage.

Return of Personal Property (Replevin) (Attachment K) A claim for the return of personal property (also called Replevin) that you own or are entitled to and has been taken or kept by the Defendant.