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NC General Statutes - Chapter 1 Article 36 1 Article 36 Claim and - ncleg

NC General Statutes - Chapter 1 Article 36 1 Article 36 Claim and - ncleg 2025

NC General Statutes - Chapter 1 Article 36 1 Article 36 Claim and - ncleg Preview on Page 1

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Article 36 outlines the legal procedures for claiming and delivering personal property in North Carolina. It details the requirements for a plaintiff to seek immediate delivery of property, including necessary affidavits, the role of the court clerk, sheriff's duties, and provisions for defendants to contest or reclaim property. The article emphasizes the importance of proper documentation and procedures to ensure lawful possession and addresses situations involving third-party claims.

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Click ‘Get Form’ to open it in the editor.
Begin by filling out the plaintiff's information, ensuring you accurately describe the personal property being claimed.
Complete the affidavit section, detailing your ownership of the property and why it is wrongfully detained by the defendant.
Provide a clear statement regarding any exemptions related to tax or legal seizures that may apply to your claim.
Indicate the actual value of the property as required, ensuring this aligns with your affidavit.
Review all sections for accuracy before submitting your completed form through our platform for processing.

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What is a writ of replevin in NC?

The court reviews the submitted documents once you file them and pay the docket fees. The court will issue a court order if the judge is satisfied. This order is a writ of replevin. The order directs the sheriff or another law enforcement officer to seize the property and return it to you, the plaintiff.

What is a writ of replevin used for?

A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshals custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.

What happens after a replevin order?

The order directs the sheriff or another law enforcement officer to seize the property and return it to you, the plaintiff. Suppose the court is unsatisfied with the complaint and affidavit you submit for the replevin action. In that case, the court may deny the issuance of the writ of replevin.

What is the statute of limitations for property damage in North Carolina?

14‑160. Willful and wanton injury to personal property; punishments. (a) If any person shall wantonly and willfully injure the personal property of another he shall be guilty of a Class 2 misdemeanor.

What is an example of a replevin?

0:42 2:41 Action not a criminal. One. This means that the focus is on resolving disputes over propertyMoreAction not a criminal. One. This means that the focus is on resolving disputes over property ownership and possession rather than punishing someone with imprisonment in a repleven.