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.
Virgin Islands Verified Complaint for Replevin or Repossession
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How to fill out Verified Complaint For Replevin Or Repossession?
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FAQ
Replevin is a legal action to ask for the return of your personal property which is being kept from you by another person without your permission. You must own or have a property interest in the property you want returned. The person who has the property must be wrongfully keeping it at the time you file your action.
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 and detinue are legal actions that allow you to seek the return of property. Replevin seeks the return of property, along with possible damages. It allows for the possible return/possession of the property at a Show Cause hearing, a hearing held before a trial.
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.
The steps you must take to get a Writ of Replevin are different depending on the county, but there are 4 general stages: Filing: You will have to give documents to the court that explain what was taken, by whom and when. You will need to show the court proof that these items belong to you.
Whenever any goods or chattels have been wrongfully distrained, or otherwise wrongfully taken or are wrongfully detained, an action of replevin may be brought for the recovery of such goods or chattels, by the owner or person entitled to their possession.
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.
A judge can decide who the rightful owner is, and then issue an order (sometimes called a writ of replevin) that allows the sheriff to go to the place where the items are and take the items. The replevin process is complicated. You should only use this process if it is the only option.
