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.
Replevin Form Document Without Comments 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.
File a motion for a writ of replevin. The motion must be accompanied by an affidavit or verified complaint that supports the allegations in your complaint. The affidavit must also state that you will post a replevin bond with the court. The amount of the bond will be set by the court.
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 State Court Administrative Office (SCAO) is the administrative agency of the Michigan Supreme Court.
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.
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.
Alternative Legal Actions Other legal remedies may be more appropriate than a replevin action, depending on why the court denied the replevin action. These might include: An action for monetary damages. A claim for trespass to chattels, based on substantial interference with the use of your personal property.
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Creditors use replevin actions to recover collateral when debtors default on secured loans. Michigan Legal Help has tools to fill many kinds of forms but we do not cover all areas.You may have a blank form that you need to fill out on your own. The process of starting a replevin action usually begins with filing a complaint. A civil action may be brought to recover possession of any goods or chattels which have been unlawfully taken or unlawfully detained and to recover damages. Law School Scholarship Repository. The Michigan replevin bond is offered in the amount required. Fill out our online application form. Get Approved Instantly. Rule 3.105 - Claim and Delivery (A) Nature of Action; Replevin.