Writ Of Replevin Form With Court In New York

State:
Multi-State
Control #:
US-000265
Format:
Word; 
Rich Text
Instant download

Description

The Writ of Replevin form with court in New York is a legal document used to retrieve property that is wrongfully held by another party. It is filed in court, initiating a legal action to claim possession of the property in question. This form is particularly important for parties seeking to reclaim items such as vehicles or equipment that are under dispute. Key features of the form include sections for detailing the parties involved, jurisdictional basis, facts of the case, and the specific relief sought by the claimant. Filling out the form requires precise information about the property, the value, and the contractual agreements supporting the claim. This form should be signed and verified, ensuring compliance with state-specific laws governing replevin actions. Target audiences for this document include attorneys, partners, owners, associates, paralegals, and legal assistants, who can use it to facilitate the recovery of assets quickly. Attorneys and legal professionals will find it essential for guiding clients through the complexities of asset recovery, while paralegals can assist in compiling necessary documentation for filing.
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  • Preview Verified Complaint for Replevin or Repossession
  • Preview Verified Complaint for Replevin or Repossession
  • Preview Verified Complaint for Replevin or Repossession
  • Preview Verified Complaint for Replevin or Repossession

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FAQ

File a motion for a writ of replevin. The motion must be accompanied by an affidavit or verified complaint that supports the allegations in your complaint. The affidavit must also state that you will post a replevin bond with the court. The amount of the bond will be set by the court.

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.

File a motion for a writ of replevin. The motion must be accompanied by an affidavit or verified complaint that supports the allegations in your complaint. The affidavit must also state that you will post a replevin bond with the court. The amount of the bond will be set by the court.

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 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.

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.

The Civil Court has monetary jurisdiction up to $50,000.00, including replevin when the value of the chattel does not exceed that amount.

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Writ Of Replevin Form With Court In New York