Complaint Replevin Form With Action In Wake

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

Description

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.


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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

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.

For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments. Replevin can also refer to a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions).

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.

To initiate the replevin action, creditors must attach proof of a bill of sale, property title, debt agreement, etc. to a complaint filed with the clerk of court. This filing will include a replevin summons, as well as filing the original documents with the court as well.

To initiate the replevin action, creditors must attach proof of a bill of sale, property title, debt agreement, etc. to a complaint filed with the clerk of court. This filing will include a replevin summons, as well as filing the original documents with the court as well.

The Replevin action is used for resolving civil disputes involving personal property valued up to $15,000.00 (excluding court costs, interest and/or attorney's fees, if applicable). This process allows for an individual to recover property which another person refuses to return.

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 writ of replevin must be directed to the sheriff, or other officer authorized by law, of the county where the chattels are located. The write of replevin must describe the chattels with specificity.

Federal Rule of Civil Procedure Rule 64 provides that replevin is a remedy for civil cases in federal courts, regardless of whether state procedural rules require separate actions for replevin.

More info

The forms can be filled in on the computer. As an alternative to filing a summons and complaint, you may file a summons with notice to commence a civil action.The process of starting a replevin action usually begins with filing a complaint. (A). Fill in the County, Court No. and Court Address. You should leave blank the space for "Civil Action No." (not on the sample). (B). 1. Fill out a Complaint form. a. Near the top of the first page, write your name in the space above the word. Your statement of facts are not evidentiary in nature. How to Complete a Complaint Form. Attached are the forms you need to file to begin an action for replevin.

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Complaint Replevin Form With Action In Wake