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.
South Dakota Complaint for Replevin or Repossession Without Bond and Agreed Order
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FAQ
Basic steps for getting a Writ of Replevin. Prepare a Complaint for Replevin. ... Prepare Replevin Summons (Notice to Appear in Court). File the original documents with the court. Serve copies of each document on the defendant(s). If the defendant does not respond within 20 days, file for a default.
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).
Replevin is the procedure where any person may recover personal property that is wrongfully detained by another and recover any damages by that wrongful detention or taking because you are deprived of the use of your property.
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.
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.
A Writ of Replevin in Florida is a legal action that creditors can use to get their property back when a debtor cannot or will not pay up. If a debtor doesn't pay, replevin additionally allows creditors to recover financial losses resulting from the unpaid debt and wrongfully claimed property.
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 actions involve disputes over ownership or possession of personal property, such as cars, boats, or artwork. The plaintiff must prove that they have a right to possession of the property and that the defendant wrongfully took or is wrongfully detaining the property.
