North Carolina Verified Complaint for Replevin or Repossession

State:
Multi-State
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

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FAQ

1. An action seeking return of personal property wrongfully taken or held by the defendant. Rules on replevin actions vary by jurisdiction.

Court Fees Filing a civil action (includes a $52.00 administrative fee) The administrative fee does not apply to applications for a writ of habeas corpus or to persons granted in forma pauperis status under 28 U.S.C § 1915.$402.00Certificate of Good Standing or Duplicate certificate of admission$20.0021 more rows ?

In order to recover property through a replevin claim, a creditor will also need to provide the court clerk with certain documentation, including a description of the property and its value, a statement showing the creditor has a right to the property, and an assertion that the property is being wrongfully withheld by ...

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.

Detinue is a legal action that is most often utilized when a person has possession of property that they should not have, such as when they default on a loan. Replevin allows the seizure of property by law enforcement. Detinue provides for the return of the property by the party who has it unlawfully.

?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.

A complaint where the plaintiff (or, in limited cases, the plaintiff's counsel) swears to the allegations, demonstrating to a court that the plaintiff has investigated the charges against the defendant and found them to be of substance.

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North Carolina Verified Complaint for Replevin or Repossession