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 Format In North Carolina
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A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.
After judgment is given in Small Claims Court, both the plaintiff and the defendant have the right to appeal the Magistrate's decision. An appeal allows either side to get a new trial in District Court.
In North Carolina, the legal term for eviction is “summary ejectment.” The case starts when the landlord files a document that is called a Complaint in Summary Ejectment, which is also called an “eviction complaint.” In an eviction case, the landlord is the plaintiff. The tenant is the defendant.
An answer is a response to a complaint that has been filed against you. These forms allow you to file a document telling the Judge which parts of the Plaintiff's complaint that you agree and disagree with. YOU MUST FILE THESE DOCUMENTS WITHIN 30 DAYS OF BEING SERVED WITH THE PLAINTIFF'S COMPLAINT.
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.
General Information: “Replevin” is a process whereby seized goods may be restored to their owner. In a replevin case, the Plaintiff claims a right to personal property (as opposed to real property/real estate) which has been wrongfully taken or detained by the defendant and seeks to recover that personal property.
Information To Include in Your Letter Give the basics. Tell your story. Explain how you want to resolve the problem. Describe your next steps. Send your complaint letter. Your Mailing Address Your City, State, Zip Code Your email address
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 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.