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.
Filing a motion to dismiss in Wisconsin small claims court can terminate a case early due to legal flaws or procedural errors. Grounds for dismissal include insufficient process service, statute of limitations, lack of jurisdiction, improper venue, and failure to state a claim.
Small claims court is limited to claims of $10,000 or less. However, third-party complaints, personal injury claims, and actions based in tort are limited to claims of $5,000 or less. Claims exceeding the maximum amount allowed must be filed in civil court.
Replevin (/rɪˈplɛvɪn/) or claim and delivery (sometimes called revendication) is a legal remedy which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses.