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.
New Jersey Complaint for Replevin or Repossession Without Bond and Agreed Order
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This Note explains who may file a motion to dismiss, when they may file the motion, and the available defenses (grounds) to assert, including lack of subject matter or personal jurisdiction, insufficient process or service of process, failure to state a claim on which relief may be granted, and failure to join a ...
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).
A party served with a pleading stating a counterclaim or crossclaim against that party shall serve an answer thereto within 35 days after the service upon that party. A reply to an answer, where permitted, shall be served within 20 days after service of the answer.
, "plaintiff" includes any party asserting a claim in a complaint, counterclaim, cross-claim, third-party complaint or any other pleading, upon whose application a writ of attachment is issued. "Defendant" includes any party against whom any such claim is asserted.
. (a) Issuance of Writ on Notice. A writ of replevin shall issue only upon court order on motion of a party claiming the right to possession of chattels.
?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.
Rule -1 is the mechanism through which a party obtains relief under N.J.S.A. 2B:50-2. Rule -1 echoes the standard set forth in N.J.S.A. 2B:50-2, that relief may be granted merely by showing ?a probability that final judgment will be rendered in favor of the movant.?
A person seeking recovery of goods wrongly held by another may bring an action for replevin in the Superior Court. If the person establishes the cause of action, the court shall enter an order granting possession.
