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 2 Points In Michigan
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Rule 3.105 - Claim and Delivery (A) Nature of Action; Replevin. Claim and delivery is a civil action to recover (1) possession of goods or chattels which have been unlawfully taken or unlawfully detained, and (2) damages sustained by the unlawful taking or unlawful detention.
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.
File a Complaint Many civil complaints are filed through a district or circuit court. In cases involving a will, trust, or similar claims, you can file your complaint through a probate court. Once your complaint is submitted, the court issues a summons, and the defendant has up to 21 days to respond.
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.
Personally served with a complaint in Michigan Must serve and file an answer or take other action, as permitted, within 21 days of being served with notice.
While it's not mandatory to hire a lawyer for small claims court, consulting one can provide valuable insights and increase your chances of success, especially in more complex cases. Weigh the complexity of your case, your comfort with legal procedures, and the potential costs to make an informed decision.
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.
Personally served with a complaint in Michigan Must serve and file an answer or take other action, as permitted, within 21 days of being served with notice.
Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.