Complaint To Recover Possession Of Personal Property Form. This is a North Carolina form and can be use in Small Claims Statewide.
Tags: Complaint To Recover Possession Of Personal Property, CVM-202, North Carolina Statewide, Small Claims
: Defendant(s) : ...................................................... File No. STATE OF NORTH CAROLINA COMPLAINT TO RECOVER POSSESSION OF PERSONAL PROPERTY In The General Court Of Justice District Court Division-Small Claims County THE PEOPLE OF THE STATE OF NEW YORK WHEN PLAINTIFF IS A SECURED PARTY TO The defendant is a resident of the county named above. I have a security interest in the personal property described in the attached security agreement. The total current value of this property is as shown below. The defendant has defaulted in the payment of the debt which the property secures or has otherwise breached G.S. 7A-232; 25-9-609 GREETINGS: the terms of the security agreement giving me the right to claim immediate possession of the property described below. I demand recovery of this property and reimbursement for court costs. PLAINTIFF A SECURED PARTY PLAINTIFF NOT A SECURED PARTY Name And Address Of Plaintiff WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court Total Value Of Property Description You Have a County of Of Personal Property In Which located atSecured Interest (Attach Copy Of Security Agreement) To Be Recovered in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Social Security No./Taxpayer ID No. $ County VERSUS Individual Name And Address Of Defendant 1 County Corporation Telephone No. Individual Name And Address Of Defendant 2 Signature Of Plaintiff Or Attorney Date Telephone No. Corporation Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to WHEN PLAINTIFF IS NOT A SECURED $50 and the party on whose behalf this subpoena was issued for a maximum penalty of PARTY all damages sustained as a result of your failure to comply. The defendant is a resident of the county named above. The defendant has in his/her possession the personal property described below which belongs to me. I am entitled to immediate possession of the Witness, Honorable , The defendant has unlawfully kept property, but the defendant has refused on demand to deliver it to me. one of the Justices of the Courtpossession of this property since the date listed below and has therefore deprived me of its use. The in County, day of , 20 damage due me for the loss of use and physical damage to the property is set out below. I demand recovery of this property and damages in the total amount set out below, plus interest and reimbursement for court costs. (Attorney must sign above and type name below) Total Value Of Property To Be Recovered Description Of Personal Property You Own Which Is In Possession Of Defendant Attorney(s) for $ County Telephone No. Date Defendant Wrongfully Took Or Kept Property Damage Due For Loss Of Use Physical Damage To Property $ Total Amount Of Damages Telephone No.: Name And Address Of Plaintiff's Attorney $ Signature Of Plaintiff Or Attorney Facsimile No.: Date AOC-CVM-202, Rev. 10/04 2004 Administrative Office of the Courts $ Office and P.O. Address Original-File Copy-Each Defendant (Over) Copy-Attorney/Plaintiff E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com : Defendant(s) : ...................................................... INSTRUCTIONS TO PLAINTIFF OR DEFENDANT THE in the county where at 1. The PLAINTIFF must file a small claim actionPEOPLE OF THE STATE OF NEW The DEFENDANT may file a written answer, making defense to the claim, 6. YORK least one of the defendants resides. in the office of the Clerk of Superior Court. This answer should be TO accompanied by a copy for the plaintiff and be filed no later than the time set for trial. The filing of the answer DOES NOT relieve the defendant of 2. The PLAINTIFF cannot sue to recover property worth more than $5,000.00. the need to appear before the magistrate to assert the defendant's defense. GREETINGS: 3. The PLAINTIFF must show the complete name and address of the defendant to ensure service on the defendant. If there are two 7. Whether or not an answer is filed, the PLAINTIFF must appear before the defendants and they reside at different addresses, the plaintiff must magistrate. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before include both addresses. The plaintiff must determine if the defendant is , the Honorable at the Court a corporation and sue in the complete corporate name. If the business located at 8. The PLAINTIFF or the DEFENDANT may appeal the magistrate's County of is not a corporation, the plaintiff must determine the owner's name and day of decision, in this case. To appeal, notice must be given inat any recessed in room , on the 20 , at o'clock in the noon, and open court when sue the owner. the judgment is entered, or notice may be given in writing to the Clerk of or adjourned date, to testify and give evidence as a witness in this action on the part of the Superior Court within ten (10) days after the judgment is entered. If notice is given in writing, the appealing party must also serve written notice of 4. The PLAINTIFF may serve the defendant(s) by mailing a copy of the summons and complaint by registered or certified mail, return receipt appeal on all other parties. The appealing party must PAY to the Clerk of requested, addressed to the party to be served or by paying the comply with this subpoena Court the costs of contempt appeal within twenty (20) days after Superior is punishable as a court for of court and will make you liable to Your failure to costs to have the sheriff serve the summons and party on whose behalf this subpoena was issued for is maximum penalty of $50 and all damages sustained as a the judgment a entered. A defendant who appeals also must post a bond the complaint. If certified or result of your file a sworn registered mail is used, the plaintiff must prepare and failure to comply. to stay execution of the judgment within ten (10) days after the judgement statement with the Clerk of Superior Court proving service by certified is entered. mail and must attach to that statement the postal Witness, Honorable receipt showing that , one of the Justices of the the letter was accepted. 9. This form is supplied in order to expedite the handling of small claims. It Court in County, day of , 20 is designed to cover the most common claims. 5. The PLAINTIFF must pay advance court costs at the time of filing this Complaint. In the event that judgment is rendered in favor of the 10. The Clerk or magistrate cannot advise you about your case or assist you plaintiff, court costs may be charged against the defendant. in completing this form. If you have any questions, you should consult an (Attorney must sign above and type name below) attorney. Attorney(s) for Office and P.O. Address AOC-CVM-202, Rev. 10/04 2004 Administrative Office of the Courts Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com