Writ Of Replevin Form With Two Points In Massachusetts

State:
Multi-State
Control #:
US-000265
Format:
Word; 
Rich Text
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Description

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.


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FAQ

C. 247 (Replevin) permits plaintiff to obtain the disputed property prior to trial, without hearing, and without justification such as imminent destruction, transfer, or concealment of the property.

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.

“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.

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 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.

Rule 56 - Summary Judgment (a)Motions for Summary Judgment. A party may move for summary judgment subsequent to the commencement of any proceeding under these rules except in actions for divorce or in actions for custody or visitation or for criminal contempt.

Examples of what you can exempt under Massachusetts law include: Up to $500,000 equity in your home or $1 million for two who are disabled or elderly. $7,500 exemption for your vehicle or up to $15,000 for the handicapped or elderly. Your clothing and bedding.

Summary Judgment. (a) Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense – or the part of each claim or defense – on which summary judgment is sought.

Rule 56 - Summary Judgment (a)Motions for Summary Judgment. A party may move for summary judgment subsequent to the commencement of any proceeding under these rules except in actions for divorce or in actions for custody or visitation or for criminal contempt.

C. 247 (Replevin) permits plaintiff to obtain the disputed property prior to trial, without hearing, and without justification such as imminent destruction, transfer, or concealment of the property.

More info

(1979) Two Massachusetts statutes govern actions to recover goods or chattels: G.L. c. 1 In Massachusetts, every person restrained of his liberty is now entitled, as of right and of course to the writ of habeas corpus.The forms listed below are used in civil and criminal cases in the Superior Court. They are for lawyers and for people who do not have lawyers. This document contains the Federal Rules of Civil Procedure to- gether with forms, as amended to December 1, 2014. Apply for plaintiff and defendant judicial bonds with the nation's leader in court bonds, ProSure Group. We share over 125 years of surety bond experience. Are there preprinted, fill-in-the-blank forms available for postjudgment executions? Solutions For Every Industry. Points of law, growing out of the same.

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Writ Of Replevin Form With Two Points In Massachusetts