Idaho Verified Complaint for Replevin or Repossession

State:
Multi-State
Control #:
US-000265
Format:
Word; 
Rich Text
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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.


Idaho Verified Complaint for Repletion or Repossession: A Comprehensive Overview In the state of Idaho, a Verified Complaint for Repletion or Repossession is a legal document filed by a creditor or lender to initiate a legal action for the recovery of a specific personal property item that has been wrongfully withheld or in default of a loan agreement. This complaint serves as the initial step in the repletion or repossession process, providing the court and involved parties with the necessary details and asserting the creditor's legal right to reclaim the property. Keywords: Idaho, Verified Complaint, Repletion, Repossession, creditor, lender, personal property, loan agreement, legal action, wrongfully withheld, default, court, parties, details, legal right, reclaim. Typically, there are two primary types of Idaho Verified Complaint for Repletion or Repossession, each applicable to distinct circumstances: 1. Repletion Verified Complaint: A Repletion Verified Complaint is filed when the creditor aims to recover personal property that has been wrongfully withheld by the debtor without consent or defaulted in ownership. This type of complaint is typically utilized when the creditor believes they have a valid legal claim to the property and wishes to regain possession. Keywords: Repletion, Verified Complaint, personal property, wrongfully withheld, debtor, consent, defaulted, ownership, legal claim, regain possession. 2. Repossession Verified Complaint: A Repossession Verified Complaint is filed when the creditor seeks to retrieve personal property that has been used as collateral for a loan or credit agreement and is in default or subject to repossession. In such cases, the creditor exercises their rights as outlined in the contract to repossess and sell the property in order to recoup the unpaid debt. Keywords: Repossession, Verified Complaint, personal property, collateral, loan, credit agreement, default, subject to repossession, creditor's rights, contract, sell, recoup, unpaid debt. Regardless of the specific type of Verified Complaint, it is essential to include certain key elements to ensure its validity: 1. Identification of the parties involved: The complaint should clearly identify the creditor (plaintiff) and the debtor (defendant) involved in the dispute. Their names, addresses, and any other pertinent information should be provided. 2. Description of the personal property: The complaint should provide a detailed description of the personal property item in question, including its unique identifiers, such as serial numbers, vehicle identification numbers (VIN's), models, make, or any other relevant specifics. 3. Basis of the claim: The complaint should outline the legal grounds on which the creditor is asserting their right to repossess or recover the personal property. This may include breach of contract, non-payment, or failure to return the property. 4. Supporting evidence: To strengthen the complaint's validity, any supporting documents, contracts, loan agreements, or evidence of default should be attached. This helps establish the creditor's legal right to reclaim the property. 5. Request for relief: The complaint should conclude with a clear statement indicating the relief sought by the creditor, such as repossession of the property, monetary damages, or any other appropriate remedy. In conclusion, an Idaho Verified Complaint for Repletion or Repossession is a crucial legal document enabling a creditor or lender to initiate the legal process of reclaiming personal property wrongfully withheld or in default. By adhering to the necessary elements and providing relevant supporting evidence, this complaint serves as the foundation for resolving disputes and facilitating a fair and equitable resolution for all parties involved.

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FAQ

Search Idaho Statutes 18-8009. Ignition interlocks ? Assisting another in starting or operating ? Penalty. A person who knowingly assists another person who is restricted to the use of an ignition interlock device to start and operate that vehicle in violation of a court order shall be guilty of a misdemeanor.

CONSTITUTION OF THE STATE OF IDAHO Section 9. Freedom of speech. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that liberty.

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.

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.

Search Idaho Statutes (c) If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties.

Idaho repossession laws are found under Article 9 of the commercial code: 28-9-609 Secured party's right to take possession after default. 28-9-610 Disposition of collateral after default. 28-9-611 Notification before disposition of collateral.

19-609. Warrant must be shown. If the person making the arrest is acting under the authority of a warrant, he must show the warrant, if required.

39-609. Declaration of policy. The legislature hereby declares that infection with human immunodeficiency virus, the virus which causes acquired immune deficiency syndrome (AIDS), is an infectious and communicable disease that endangers the population of this state.

More info

How to fill out Verified Complaint Form File? Access to top quality Verified Complaint for Replevin or Repossession templates online with US Legal Forms. I, the undersigned, certify under penalty of law, that the lien holder of record is the lawful owner of the above-described vehicle / vessel by reason of a ...This form is a Complaint for Replevin Without Bond. Defendant has defaulted on an installment contract by failing to pay a debt on certain property when it ... Search Idaho Statutes ... 8-302. Affidavit of claim — Show cause order — Writ of possession. (1) Where a delivery is claimed, the plaintiff, by verified complaint ... If the value of the property is $25,000 or less, the filer may actually file in either the Circuit. Court or the Superior Court. The Circuit Court has a form ... by S Neth · Cited by 31 — One of the most effective remedies that secured creditors have had against defaulting consumer debtors has been to replevy the goods secur- ing the debt. Upon examination of the complaint and affidavit and such other evidence or testimony as the judge may, thereupon, require, a writ of possession may be issued ... by UI Law — The suit was a replevin action under Idaho Code §8-301 to recover possession of the 2007 Chevrolet. Equinox. Mr Bach was personally served with ... by AN Resnick · 1974 · Cited by 7 — judicial repossession and required the filing of a complaint and a preseizure hearing. ... ing a writ of replevin, the arbitration statute should limit the scope. After all of these elements are met, you must still follow the procedures set out for the particular court you will file your case with. In Chapter V of this.

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Idaho Verified Complaint for Replevin or Repossession