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 Form With 2 Points In Wake
Category:
State:
Multi-State
County:
Wake
Control #:
US-000265
Format:
Word;
Rich Text
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FAQ
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.
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.
Replevin is the common law cause of action for recovering personal property wrongfully withheld from its rightful owner. This is more commonly associated with personal chattels. Chattels are personal possessions. It's important to understand the potential applications of replevin in a broad range of scenarios.
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.
Replevin is the common law cause of action for recovering personal property wrongfully withheld from its rightful owner. This is more commonly associated with personal chattels. Chattels are personal possessions. It's important to understand the potential applications of replevin in a broad range of scenarios.
Typically, civil lawsuits seek monetary compensation for the victim or a solution to end further harm through an injunction. This differs from a criminal case, in which a prosecutor acts on behalf of the government. In a criminal case the goal is to punish the wrongdoer with imprisonment or fines for breaking the law.
Be on your best behavior But be prepared to wait for your case to be called. Your judge will be hearing several other cases on the same day as yours. If your case is called and you are not there, the judge may dismiss it. Show respect to the judge by calling him or her “your honor." Don't use profanity.
After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.
To begin an action in Small Claims Court, a person, or someone acting on his or her behalf, must come to the Small Claims Court Clerk's office in the proper county and fill out a statement of claim. To find out where the clerk's office is located in your county, click on Locations.
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Complaint sample. PDF. Complaint fill in. PDF.Attached are the forms you need to file to begin an action for replevin. These forms must be filled out and submitted to the Clerk of the Court together. They must file a Summons and Complaint to commence a replevin action. This form must be completed and filed with the complaint or other initial pleading in all District Court and BMC civil actions seeking money damages. If you are filing a consumer credit replevin case, you must draft a complaint and attach it to the Summons. This form must be filed along with the Complaint for any claim incurred in the course of plaintiff's trade or commerce, or for assigned debt. The forms are available at the clerk's office at any District Court location. In a replevin action, the plaintiff seeks the return of property, not money damages.