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.
Pennsylvania Complaint for Replevin or Repossession Without Bond and Agreed Order
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FAQ
A consumer who defaults on a vehicle loan usually faces the repossession of the vehicle, but sometimes a lender will use replevin as an alternative. While repossession does not involve a formal process in court, replevin consists of getting the court to order the consumer to return the vehicle to the lender.
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).
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.
In New York, a replevin action is governed by the three-year statute of limitations in CPLR 214 (3). The law that applies is the law of the state where the tangible personal property is located.
An action of replevin shall be commenced by filing a complaint with the prothonotary. The provisions of this Rule 1073 adopted June 23, 1975, effective October 1, 1975, 5 Pa. B. 1824.