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.
Writ Of Replevin Form With Two Points In Nassau
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State:
Multi-State
County:
Nassau
Control #:
US-000265
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Word;
Rich Text
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FAQ
Replevin may also be referred to as claim and delivery. 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.
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).
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.
What happens once I file the replevin? Your case will be set for a hearing to go before a judge. An Order To Show Cause will be issued and served on the defendant, notifying him/her of the action and the date of the hearing. You will also be notified of the hearing date.
Replevin is the type of civil action used to recover possession of personal property which has been unlawfully taken and kept or lawfully taken and unlawfully kept. The plaintiff may also be entitled to monetary damages.
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.
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.
Can I sue for more than $5,000 in Small Claims Court? If your claim is for more than $5,000 in either Nassau or Suffolk county you must start a civil case. In NYC you may sue for up to $10,000 in Small Claims Court. You cannot split your claim into smaller claims to get around the limit.
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.
You or someone else may start your case by filling out a court form. You may file by mail if you have a small claims case in Western Suffolk County or if you live outside New York City and you want to sue a party within New York City. The form describes your claim to the Court.
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How To Ask For Relief By Order To Show Cause Or Motion ; Order to Show Cause Procedure. Pdf ; Order to Show Cause Cover Sheet.What information will I need to fill out the form? You will need the correct name and street address of each defendant and claimant. A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property. The Circuit Court has a form for the Complaint for a Writ of Replevin. 2. Fill out a Small Claims Summons and Complaint form or Summons for Consumer Replevin form.