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.
Virginia Verified Complaint for Replevin or Repossession
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How to fill out Verified Complaint For Replevin Or Repossession?
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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.
For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments. See Debtor and Creditor Law. 2. A writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions).
Prepare a Complaint for Replevin. Attach any proof of a bill of sale, title to the property, and photographs of the property to your complaint. The replevin complaint should include a complete and accurate description of the property sought. Prepare Replevin Summons (Notice to Appear in Court).
Another action is replevin which is used to recover specific goods. As well might it be questioned, that a writ of replevin for a horse, or a writ of right for land, was "a suit at Common Law." "I don't want your papers," remarked Sylvane, who did not know a replevin paper from a dog license.
A personal action ex delicto brought to recover possession of goods unlawfully taken, (generally, but not only, applicable to the taking of goods distrained for rent,) the validity of which taking it is the mode of contesting, if the party from whom the goods were taken wishes to have them back in specie, whereas, if ...
In a replevin action, the plaintiff (that is, the person who is suing) bears the burden to establish ownership, absolute or qualified, with the right to exclusive possession at the time of bringing the replevin action. The failure to do so entitles the defendant to judgment.
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).