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.
Writ Of Replevin Form With Court Order In Kings
Category:
State:
Multi-State
County:
Kings
Control #:
US-000265
Format:
Word;
Rich Text
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FAQ
After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.
The Chair takes a vote on the Request for Permission to Withdraw a Motion. If a majority of those present and voting are in favor of withdrawing the motion, then it is withdrawn.
This Stipulation to Adjourn a Motion (NY) is a standard form that attorneys can use to adjourn a motion filed in a civil action in New York Supreme Court. The stipulation notifies the court clerk of the new motion return date and adjusted responsive filing deadlines.
Common grounds for a motion to dismiss in New York include: – Lack of subject matter jurisdiction: The court does not have the authority to hear the case. – Lack of personal jurisdiction: The court does not have power over the defendant.
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.
A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party. A request to withdraw a motion after submission must be supported by a stipulation of withdrawal signed by all counsel.
A motion to withdraw is a formal legal request made by a party or their legal representative to remove or withdraw a previously filed motion, pleading, or legal document from consideration by the court.
A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.
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).
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The forms can be filled in on the computer. The court has placed the most commonly used forms on line as a resource.Please be advised that the forms detailed below are intended to be a guide. Plaintiffs in a replevin action must execute several procedures in order to file for an action of replevin in civil court. A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property. This document contains the Federal Rules of Civil Procedure to- gether with forms, as amended to December 1, 2014. These cases may come in the form of a small claim, a civil writ case (including a writ of replevin), or a landlord tenant case. The Complaint in Replevin (PDF) must be filed at the Lake County Circuit Clerk's office. Financial Affidavit of Assets and Liabilities form to fill out prior to seeing the judge. A writ of attachment is a form of prejudgment process in which a court orders the attachment or seizure of property specifically described in the writ.