Replevin Form Document With Attorney In Middlesex

State:
Multi-State
County:
Middlesex
Control #:
US-000265
Format:
Word; 
Rich Text
Instant download

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

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.

A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.

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.

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.

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.

As of July 1, 2022, the jurisdictional limit of Small Claims court was increased from $3,000 to $5,000. The jurisdictional limit for the Special Civil Part was increased from $15,000.00 to $20,000.00. Any claims of $20,000.01 or more will be filed in the Law Division.

Special Civil is limited to cases in which the demand is $20,000 or less. If you believe you are entitled to recover more than $20,000, your case should be filed in the Law Division of the Superior Court.

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.

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.

Special Civil is limited to cases in which the demand is $20,000 or less. If you believe you are entitled to recover more than $20,000, your case should be filed in the Law Division of the Superior Court.

More info

We can provide you with guidance on how to fill out forms. • We can usually answer questions about court deadlines.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. This office also serves as a clearinghouse for court forms, instructions, lawyer referral information and resources from legal and government organizations. If you do not have a lawyer and are representing yourself in a case, simplified instructions for this form are available below. A full, itemized and detailed statement of the facts on which the undersigned plaintiff or plaintiff's counsel relies to determine money damages. The Small Claims Section is a court in which you may sue someone (the defendant) to collect a small amount of money that you believe is owed to you. When you are finished, you can print your completed form. And the water supply and distribution system in the Middlesex System. The appeal was entered in the.

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Replevin Form Document With Attorney In Middlesex