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.
File For Replevin In Queens
Category:
State:
Multi-State
County:
Queens
Control #:
US-000265
Format:
Word;
Rich Text
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FAQ
In law, an answer refers to a defendant's first formal written statement to a plaintiff's initial petition or complaint. This opening written statement will admit or deny the allegations, or demand more information about the claims of wrongdoing.
On a separate page or pages, write a short and plain statement of the answer to the allegations in the complaint. Number the paragraphs. The answer should correspond to each paragraph in the complaint, with paragraph 1 of the answer corresponding to paragraph 1 of the complaint, etc.
The response is sent to the plaintiff's attorney or directly to the plaintiff, if the plaintiff is appearing is self represented. The written response must be made within 20 days of personal service, or within 30 days of the time when service by any other means is complete.
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.
An Answer must be in writing and the entire caption, including the index number and an original signature is required. The Answer can be mailed to the County Clerk's office. If it is an E-Filed case, the Answer needs to be uploaded to the New York State Court Electronic Filing website.
In 1976, the U.S. Supreme Court ruled on a case called McCarthy v. Arndstein. Among other holdings, the court ruled: “The constitutional privilege against self-incrimination applies to civil proceedings.” You must assert the right yourself and indicate you refuse to answer on the grounds your reply may incriminate you.
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.
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.
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.
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The forms can be filled in on the computer. The court has placed the most commonly used forms on line as a resource.Please be advised that the forms detailed below are intended to be a guide. Edit, sign, and share replevin get online. No need to install software, just go to DocHub, and sign up instantly and for free. In California, replevin cases are typically filed in the Superior Court of the county where the property is located or where the defendant resides. Plaintiffs in a replevin action must execute several procedures in order to file for an action of replevin in civil court. Edit, sign, and share writ replevin sample online. After completing all but one of the payments, the restaurant stops paying. Intheblanks form authorizing a filing agent to efile documents on behalf of an individual attorney.