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 For Property In Middlesex
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State:
Multi-State
County:
Middlesex
Control #:
US-000265
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Word;
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402. Relevant evidence is admissible unless any of the following provides otherwise: (a) the United States Constitution, (b) the Massachusetts Constitution, (c) a statute, or (d) other provisions of the Massachusetts common law of evidence.
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.
403. The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
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.
2B:50-1. Action for Replevin. A person seeking recovery of goods wrongly held by another may bring an action for replevin in the Superior Court. If the person establishes the cause of action, the court shall enter an order granting possession.
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.
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).
In contrast to personal property like chattels and motor vehicles, replevin generally doesn't apply to real property like real estate or houses. Real property, such as land, houses, or other types of real estate, is immovable.
Initiating a replevin action While in some states you can initiate a replevin without a hearing, New Jersey requires a court ruling to reclaim property by court order. The court will give the party in possession of the property at least three days notice during which they can file affidavits and cross-motions.
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What is the procedure in New Jersey to file an action for repossession of personal property? This is a selfhelp remedy that allows creditors to take possession of said car and you do not have to be sued first.We can provide you with guidance on how to fill out forms. • We can usually answer questions about court deadlines. A replevin action seeks the return of personal property wrongfully taken and for compensation for any resulting loss. We are an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of law. In a replevin case he may attempt to show that the plaintiff never had title or has disposed of his title. To file a writ of replevin in a civil case in New Jersey, you must follow these steps: File a complaint in replevin. If you do not have a lawyer and are representing yourself in a case, use these simplified instructions to help you fill out the Military Affidavit form. It also requires filing an affidavit in the county or district court where the property is.