Wake North Carolina Judgment in Action to Recover Possession of Personal Property is a legal procedure undertaken to reclaim belongings that are wrongfully held by another party within the jurisdiction of Wake County, North Carolina. This process involves filing a lawsuit and obtaining a judgment that grants the rightful owner the right to recover their personal property from the defendant. Here is detailed information about this type of judgment and its variations: 1. Wake North Carolina Judgment in Action to Recover Possession of Personal Property: This general term refers to the legal action initiated by a plaintiff to retrieve their personal property wrongfully held by a defendant within Wake County, North Carolina. The judgment aims to legally transfer the possession of the property back to the rightful owner. 2. Wake North Carolina Writ of Possession: If successful in obtaining a judgment in an action to recover possession of personal property, the plaintiff can proceed to apply for a writ of possession. This writ authorizes the Wake County Sheriff's Office to enforce the judgment and physically reclaim the personal property on behalf of the plaintiff. 3. Wake North Carolina Judgment in Action to Recover Possession of Personal Property — Real Estate: This type of judgment is specific to cases where the disputed personal property is real estate or land. The judgment grants the plaintiff the legal right to regain possession and control of the property. 4. Wake North Carolina Judgment in Action to Recover Possession of Personal Property — Mobile Homes: In situations involving wrongfully withheld mobile homes, this specific judgment allows the rightful owner to recover possession of the mobile home from the defendant. 5. Wake North Carolina Judgment in Action to Recover Possession of Personal Property — Motor Vehicles: If a motor vehicle is in dispute and held unlawfully, this form of judgment permits the rightful owner to regain possession of the vehicle. The judgment may also entitle the plaintiff to recover any damages caused by the defendant's actions. 6. Wake North Carolina Judgment in Action to Recover Possession of Personal Property — Household Goods: This variant of the judgment applies when a defendant wrongfully withholds the plaintiff's household goods. It allows the plaintiff to legally repossess their belongings, such as furniture, appliances, or other household items. In conclusion, Wake North Carolina Judgment in Action to Recover Possession of Personal Property encompasses various types of judgments that enable rightful owners to reclaim their personal property from defendants who are unlawfully holding it. From real estate to mobile homes, motor vehicles, and household goods, each variant of this judgment serves to restore possession to the lawful owner.
Wake North Carolina Judgment in Action to Recover Possession of Personal Property
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Governed by Rule 60 of the Rules of Court, replevin is defined as a civil action for the recovery of personal property. It is a requirement that the personal property be wrongfully detained or possessed by another, and in violation of the rights of the plaintiff.
Filing Your Answer. Contact the clerk's office of the court where the lawsuit was filed. You'll find a phone number and address for the clerk's office on your summons. The clerk will be able to tell you exactly what documents you should file with your answer and whether any filing fee is required.
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.
Claim and delivery is an action for the recovery of specific personal property wrongfully taken or withheld from its rightful owner, with recovery of any damages resulting from the taking or possession of the property.
The Remedy of Replevin Applies only to Personal Property or Movables. If the subject matter for recovery of possession is personal property, specifically something that you can actually hold, touch, and of course, take physical possession of, the applicability of the remedy of replevin is quite clear.
Replevin is an action for the recovery of personal property. It is both a principal remedy and a provisional relief. When utilized as a principal remedy, the objective is to recover possession of personal property that may have been wrongfully detained by another.
1. An action seeking return of personal property wrongfully taken or held by the defendant.
This set of forms is used in claiming lawful possession to personal property possessed by another individual. The forms are filed in the district court when the personal property has a value of $25,000 or less. The forms are filed in the circuit court when the personal property has a value of more than $25,000.
A claim and delivery is a legal action to recover personal property which is in the possession of another party. The party who begins the action is the plaintiff. The party who has possession of the property claimed is the defendant.
At the end of the 7 days, you will be served with a ?Writ.? A 'writ' is a legal document telling you you have 48 hours to leave. After 48 hours, you can be removed from your unit and the landlord can change the locks. If the judge does not think you had ?good cause? for missing your first hearing, you will be evicted.