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 was due. Therefore, plaintiff requests that the court enter a judgment in favor of plaintiff and immediately seize the property and deliver it to plaintiff.
Minnesota Complaint for Replevin or Repossession Without Bond and Agreed Order
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548.04 JUDGMENT IN REPLEVIN. Judgment for either, if the property has not been delivered, and a return is claimed in the complaint or answer, may be for the possession or the value thereof in case possession cannot be obtained, and damages for the detention, or the taking and withholding.
?Replevin?, ?replevy?, ?replevin action?, and ?writ of replevin? are legal words that mean a court process for recovering possession of personal property from another person. In Minnesota, it is also called an ?action for claim and delivery?. At its core, replevin means repossession.
Replevin (/r??pl?v?n/) or claim and delivery (sometimes called revendication) is a legal remedy, which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses.
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 Minnesota replevin statute, Minn. Stat. § 565.21 et seq., provides for the recovery of personal property either before or after a final judgment in the underlying action (e.g., for breach of contract).
Replevin, also known as "claim and delivery," is an action to recover personal property that was wrongfully taken or detained. Unlike other forms of legal recovery, replevin seeks the return of the actual thing itself, as opposed to monetary damages (the more commonly sought-after remedy).