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.
Writ Of Replevin Form With Decimals In Wake
Category:
State:
Multi-State
County:
Wake
Control #:
US-000265
Format:
Word;
Rich Text
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FAQ
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.
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.
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.
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.
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.
If the Court issues a writ of replevin ex parte, the defendant will have the right to request an earlier hearing. If such a request is made, the court will have a hearing more quickly but with not less than 48 hours notice to you.
Replevin, also known as claim and delivery, is the legal action of recovering personal property which was wrongfully taken.
File a motion for a writ of replevin. The motion must be accompanied by an affidavit or verified complaint that supports the allegations in your complaint. The affidavit must also state that you will post a replevin bond with the court. The amount of the bond will be set by the court.
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.
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Customer: This is my order for replevin. Can someone please show me the writ of replevin documentation I CAN fill out.This form applies when the plaintiff has recovered possession under a writ of replevin and prevailed on the merits. A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property. A. Writ of Replevin. B. Affidavit from the Plaintiff or another person who must state: 1. To file a writ of replevin in a civil case in New Jersey, you must follow these steps: File a complaint in replevin. This booklet will explain the process involved and will help you to determine which type of action you should file. 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.