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 Minnesota
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Replevin actions are a versatile tool for obtaining or regaining personal property which you have the right to possess. In Minnesota, replevin actions are also known by the more modern phrase, “claim and delivery of personal property,” and are governed by a statutory scheme found in Minnesota Statutes chapter 565.
You will not go to jail. You have 21 days to respond to the complaint. However, the 21 days on the clock do not start to run until you are actually served with the summons by the process server.
12.03Motion for Judgment on the Pleadings After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings.
Replevin is an action seeking return of personal property wrongfully taken or held by the defendant. In exchange for the personal property, the plaintiff in the action pledges a security and is allowed to hold the property until the case is resolved 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.
When filing a replevin suit, the plaintiff must provide evidence that they are the rightful owner of the property in question and that it was taken without justification or consent.
The Minnesota replevin statute, Minn. Stat. § 565.21 et seq., provides for the recovery of personal property either before or after a final judgment in the underlying action (e.g., for breach of contract).
Defendant shall serve an answer within 21 days after service of the summons upon that defendant unless the court directs otherwise pursuant to Rule 4.043. A party served with a pleading stating a cross-claim against that party shall serve an answer thereto within 21 days after the service upon that party.
Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.
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2. Fill out a Small Claims Summons and Complaint form or Summons for Consumer Replevin form. Easily search more than 600,000 legal forms to find the exact form you need.Please visit our site to learn more and request a free trial today. Replevin is a court process for recovering possession of personal property from another person. This article will explain what "replevin" is, and why this type of lawsuit can be useful for recovering personal property. Replevin requires the plaintiff to have a present right to possess the property (a secured lien or property right). 2 Youngquist Blacik, Minnesota Rules Practice, p. 648. KENYON, Circuit Judge. Appellant is a citizen of Canada.