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 Sample Without Notice Period In Minnesota
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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 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 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 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).
Replevin, also known as claim and delivery, is the legal action of recovering personal property which was wrongfully taken.
When do I file my civil lawsuit? Civil actions (except family cases) need to be filed with the court within one year after service of the summons and complaint on the defendant. See Rule 5.04 of the MN Rules of Civil Procedure.
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.