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.
Complaint Replevin Form With Action In Mecklenburg
Category:
State:
Multi-State
County:
Mecklenburg
Control #:
US-000265
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
Replevin (sometimes referred to as Claim and Delivery) is an effective legal remedy used throughout the United States. In its simplest terms, replevin is a procedure whereby seized goods are restored to their owner (creditor) at the beginning of a lawsuit.
Replevin is one of a group of remedies for conversion, the wrongful taking or withholding of personal property.
Your answer should include the court name, case name, case number, and your affirmative defenses. Print three copies of your answer. File one with the clerk's office and mail (or “serve”) one to the plaintiff or plaintiff's attorney. The plaintiff is the debt collector, creditor, or law firm suing you.
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.
Federal Rule of Civil Procedure Rule 64 provides that replevin is a remedy for civil cases in federal courts, regardless of whether state procedural rules require separate actions for replevin.
Replevin is the common law cause of action for recovering personal property wrongfully withheld from its rightful owner. This is more commonly associated with personal chattels. Chattels are personal possessions. It's important to understand the potential applications of replevin in a broad range of scenarios.
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.
More info
Filing a replevin or detinue requires four steps: 1. SHOW CAUSE ORDER IN ACTION OF REPLEVIN. (Md.Also fill out the certificate of service with the date on which you intend to mail a copy to the opposing side and sign it. The certificate of service is. Find Local Rules and Forms that provide procedures and guidelines for courts in Mecklenburg County. The PLAINTIFF must file a small claim action in the county where the claim arose (i.e. Where the motor vehicle was repaired, towed or stored).