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 With Court Order In Minnesota
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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.
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).
Procedure for Obtaining, in Court, a Writ of Replevin The filing of a complaint begins a replevin action. As in other civil actions, the defendant is brought into Court by the service of the summons and the complaint. If the plaintiff establishes the cause of action, the Court must enter an Order granting possession.
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.
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.
Four search tabs are available to help users access court records and documents: Case Search allows users to search for court cases by person name, business name, attorney name, case number, citation number, or attorney bar number.
Conciliation court hearings are informal, but you must be prepared to present your case. Attorneys are only allowed to represent parties in conciliation court with permission of the court. All parties and witnesses who appear will testify under oath. The witnesses should be present and ready to testify.
To verify information obtained from this site, or to obtain appeal information not available on this site, please contact the Office of the Clerk of Appellate Courts 651-291-5297.
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.
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).
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As you can see, a small claims court referee or judge can order the return of personal property, with assistance from the sheriff. Once you get a court order, if the person still won't turn your property over to you, the sheriff or police will enforce the order.In Minnesota, replevin actions are. You will be charged a filing fee and law library fee. Court of Appeals of Minnesota. , Business Law Deskbook § . In the case of a replevin, you also must file the Request for Service and the Show Cause Order. This document is an application notice form used in the Commercial Court. It outlines the necessary steps to apply for a court order. The Minnesota replevin statute, Minn. Stat.