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 North Carolina
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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.
A claim and delivery is a legal action to recover personal property which is in the possession of another party. The party who begins the action is the plaintiff. The party who has possession of the property claimed is the defendant.
To claim title by adverse possession, a person must possess the property for the required period and demonstrate that their possession was visible, open, and uninterrupted. Additionally, the person must act in a way that provides notice to others that they are asserting ownership.
“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.
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. This means you will have to present your evidence and witnesses again.
Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion “filed,” place the original in the Court file and return two (2) copies of the “filed” document to you.
Magistrates Criminal proceedings including. Conduct initial appearances. Set conditions of release. Issue warrants. Other responsibilities. Civil proceedings including. Hear small claims cases. Enter orders for summary ejectment (evictions) Determine involuntary commitments.
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.
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.
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AOCCVM202 , Small Claims (CVM). Complaint To Recover Possession Of Personal Property. Files.Affidavit and requisites. Looking for local rules and forms? In a replevin action, also called a "claim and delivery", a party seeks to have the court order the delivery of property they claim legally belongs to them. The PLAINTIFF must file a small claim action in the county where the claim arose (i.e. Where the motor vehicle was repaired, towed or stored). This document is a collection of links to fillable forms that are available on NC Administrative Office of the Courts or AOC. B.C. West, Jr. case. COMPLAINT - The replevin complaint form should be typed or printed.