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    Filing Complaint For Writ of Replevin

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    Rodelyn Azuero
    The document provides an overview of filing a complaint for a writ of replevin, which allows an owner to recover personal property wrongfully taken or detained. It outlines that the complaint must be filed in Circuit Court if the property value is $25,000 or less, or Superior Court if over $25,000. The complaint must include details of ownership, detention of the property, its description and location. A hearing will be scheduled 10-20 days after filing to have the defendant show cause for keeping the property. A writ of replevin may be issued immediately without notice only under specific circumstances like theft or perishable goods.

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    Filing Complaint For Writ of Replevin

    Uploaded by

    Rodelyn Azuero
    134 views2 pages
    The document provides an overview of filing a complaint for a writ of replevin, which allows an owner to recover personal property wrongfully taken or detained. It outlines that the complaint must be filed in Circuit Court if the property value is $25,000 or less, or Superior Court if over $25,000. The complaint must include details of ownership, detention of the property, its description and location. A hearing will be scheduled 10-20 days after filing to have the defendant show cause for keeping the property. A writ of replevin may be issued immediately without notice only under specific circumstances like theft or perishable goods.

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    Filing Complaint for Writ of Replevin

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    The document provides an overview of filing a complaint for a writ of replevin, which allows an owner to recover personal property wrongfully taken or detained. It outlines that the complaint must be filed in Circuit Court if the property value is $25,000 or less, or Superior Court if over $25,000. The complaint must include details of ownership, detention of the property, its description and location. A hearing will be scheduled 10-20 days after filing to have the defendant show cause for keeping the property. A writ of replevin may be issued immediately without notice only under specific circumstances like theft or perishable goods.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    134 views2 pages

    Filing Complaint For Writ of Replevin

    Uploaded by

    Rodelyn Azuero
    The document provides an overview of filing a complaint for a writ of replevin, which allows an owner to recover personal property wrongfully taken or detained. It outlines that the complaint must be filed in Circuit Court if the property value is $25,000 or less, or Superior Court if over $25,000. The complaint must include details of ownership, detention of the property, its description and location. A hearing will be scheduled 10-20 days after filing to have the defendant show cause for keeping the property. A writ of replevin may be issued immediately without notice only under specific circumstances like theft or perishable goods.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    Overview – Filing a Complaint for Writ of Replevin

    General Information:
    “Replevin” is a process whereby seized goods may be restored to their owner. In a replevin case, the
    Plaintiff claims a right to personal property (as opposed to real property/real estate) which has been
    wrongfully taken or detained by the defendant and seeks to recover that personal property. If the
    plaintiff’s desire is to simply obtain money damages in place of the property, and not the property
    itself, then a small claim or civil complaint are the more appropriate avenues and not a complaint for a
    writ of replevin.

    As the person filing the Complaint you are the plaintiff. The other party is the defendant.

    If filing in the Circuit Court, the value of the property sought to be returned must be $25,000 or less. If
    the value of the property is greater than $25,000 then the Complaint must be filed in the Superior
    Court. If the value of the property is $25,000 or less, the filer may actually file in either the Circuit
    Court or the Superior Court.

    The Circuit Court has a form for the Complaint for a Writ of Replevin. The Complaint must contain
    the following information:
     Your allegation that you are the owner of the property claimed or are entitled to the possession
    thereof. Any documents establishing your ownership or right to possess the property should
    be attached.
     The manner in which the property is wrongfully detained by the defendant;
     The means by which the defendant came into possession of the property and the cause of
    such detention;
     A particular description of the property, a statement of its actual value, the location of the
    property and the name and address of the defendant and any other person in possession of
    the property;
     Whether or not the property is exempt from execution. For example, the wearing apparel of
    the debtor, household furniture to the value of $3,500.00, and tools of the debtor’s occupation
    to the value of $5,000.00 are exempt from execution. For a complete list of exempt property,
    see RSA 511:2.
     The name and address of any known lienholder.

    When you file your Complaint for Writ if Replevin, a hearing will be scheduled and the court will issue
    a notice for service upon the defendant. The hearing will be between 10 and 20 days from the date
    that the court issues the notice to the defendant. The notice will also contain an order requiring the
    defendant to “show cause” why the property in question should not be taken from that party and
    returned to you. The court’s order will also direct how service upon the defendant is to be made.
    Service may be by certified mail or by the sheriff (personal service). You should read the notice
    carefully so that you comply with the court-ordered method of service.

    The defendant may file affidavits with the court and may appear and present testimony at the first
    hearing. In addition, the defendant may file a bond with the court to stay, or postpone, delivery of the
    property to you. If the defendant fails to appear at the hearing a writ of replevin will issue in your
    favor.

    The first hearing is a preliminary hearing. After that hearing the Court will make a preliminary
    determination about which party is entitled to possession of the property pending a final adjudication.
    The Court MAY issue a prejudgment writ of replevin as well.
    The Court will not issue a writ of replevin in your favor during the case until such time as you post a
    bond. For more information about the bond process review the slideshow and other information on
    this page.

    If one of the following is true, the Court may issue a writ of replevin on an “ex parte” basis. This
    means that the Court will issue the writ without prior notice to the defendant. One of the following
    must be established to get a writ of replevin without notice:
     The defendant gained possession of the property by theft;
     The property consists of one or more negotiable instruments or credit cards;
     The property is perishable, and will perish before any noticed hearing can be had, or is in
    immediate danger of destruction, serious harm, concealment, or removal from this state, or of
    sale to an innocent purchaser, and that the holder of such property threatens to destroy, harm,
    conceal, remove it from the state, or sell it to an innocent purchaser.

    If the Court issues a writ of replevin ex parte, the defendant will have the right to request an earlier
    hearing. If such a request is made, the court will have a hearing more quickly but with not less than
    48 hours notice to you.

    For Further Information:


    If you have questions, please contact the Information Center at 1-855-212-1234.

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