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.
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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RULE 2-612. The clerk may enter a judgment at any time by consent of the parties if the judgment (a) is for a specified amount of money or for costs or denies all relief and (b) adjudicates all of the claims for relief presented in the action, whether by original claim, counterclaim, cross-claim, or third-party claim.
Filing a replevin or detinue requires four steps: You [the plaintiff] file with the court the Complaint form. ... You pay the filing fee. ... The court issues a Writ of Summons and/or a Show Cause Order to officially notify the defendant that a suit has been filed.
Rule 8-602 - Dismissal by Court (a)On Motion or Court's Initiative. The court may dismiss an appeal pursuant to this Rule on motion or on the court's own initiative.
Replevin seeks the return of property, along with possible damages. It allows for the possible return/possession of the property at a Show Cause hearing, a hearing held before a trial. It is filed in the District Court, regardless of the amount in dispute.
Rule 12-602(d); CJ § 11-104(a); 111 Scherr Lane, LLC, 233 Md App. at 240 (In an action for detinue, the court ?may award damages caused by the unlawful detention of the property or for damage to the property during the detention.?).
If you filed a replevin, the defendant will be served with the Show Cause Order and the complaint. A hearing will generally be scheduled within three weeks of the date that the order was issued. At the hearing, the judge will listen to both sides and decide what to do temporarily with the property prior to trial.
Code (1957), Art. 57, § 1, provides: "All actions of * * * detinue or replevin * * * shall be commenced, sued or issued within three years from the time the cause of action accrued; * * *".
West's Annotated Code of MarylandMaryland Rules (1) A person claiming the right to possession of personal property may file an action under this Rule. (C) shall be brought in the circuit court if the value of the property and any damages claimed exceed the monetary jurisdiction of the District Court.