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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.
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).
Ejectment is a legal action by which a person wrongfully ejected from property seeks to recover possession, damages, and costs. Not necessarily someone with a landlord-tenant relationship.So it can apply to both. Ejectment simply needs to remove somebody from the property.
(4) No summons is necessary for a counterclaim or cross claim for any person who previously has been made a party. Counterclaims and cross claims against an existing party may be served as provided in rule 5.
In its simplest terms, replevin is a procedure whereby seized goods may be provisionally restored to their owner pending the outcome of an action to determine the rights of the parties concerned. The requirements of a replevin action differ by jurisdiction.
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.
Show cause orders instruct parties to ?show cause? why the court should decide in their favor on a motion. More accurately, a show cause order instructs a party to appear at a hearing and show cause why the court should not grant a motion another party filed.
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.