Complaint - For Return Of Personal Property (Replevin) {2DC10}

COMPLAINT FOR RETURN OF PERSONAL PROPERTY(REPLEVIN); SUMMONS Form #2DC10IN THE DISTRICT COURT OF THE SECOND CIRCUIT DIVISIONSTATE OF HAWAI221IPlaintiffReserved for Court UseCivil No.DefendantFiling Party/Attorney Name, Attorney Number, Firm Name (ifapplicable), Address, and Telephone NumberCOMPLAINTFOR RETURN OF PERSONAL PROPERTY (REPLEVIN)1. This Court has jurisdiction over this matter and venue is proper. 2. Plaintiff seeks the following relief: [check box that applies] G Return of personal property that is NOT leased or rented. (Common law replevin; Hawai221i Revised Statutes 247604-5(a)) G Return of leased or rented personal property valued at $5,000 or less. (Hawai221i Revised Statutes 247604-6.1) G Replevin pursuant to the Uniform Commercial Code. Plaintiff is the G Buyer or G Lessee of goods identified in a commercial contract and after reasonable effort has been unable to effect cover for the goods or the circumstances reasonably indicate that the effort will be unavailing. (Hawai221i Revised Statutes 247247490:2-716(3) and 490:2A-521(c)) G Replevin pursuant to the Uniform Commercial Code. Plaintiff is the secured party and has the right to take possession after default. (Hawai221i Revised Statutes 247490:9-609(b)(1)) G Pursuant to Hawai221i Revised Statutes - Chapter 654 - Immediate Possession of Personal Property (BOND ATTACHED)3 Defendant holds the personal property described below against the rights of Plaintiff. 4. Before filing this action Plaintiff demanded that Defendant turn over possession of the personal property, but Defendant refused and still refuses to turn over the personal property to Plaintiff.5. Plaintiff asks for a Judgment and Writ of Replevin awarding possession of the personal property described below, or, in the alternative, for a Judgment in the amount of the property222s value stated below. 6. In addition, the Court may award costs, interest, and reasonable attorney222s fees, as allowed by statute. SEE PAGE 2I certify that this is a full, true, and correctcopy of the original on file in this office.Clerk, District Court of the above Circuit, State of Hawai221i(Rev. 1/23/2018) Page 1 of 2Form # 2DC10 American LegalNet, Inc. www.FormsWorkFlow.com (Rev. 1/23/2018)Page 2 of 2Form# 2DC10 PERSONAL PROPERTYDESCRIPTION SERIAL # OR OTHER ID MARK VALUETOTAL VALUE OF PROPERTY ......................................................................................................................$Date:Signature of Filing Party/Attorney:Print/Type Name:DECLARATIONI DECLARE UNDER PENALTY OF LAW THAT WHAT IS STATED IN THE COMPLAINT IS TRUE AND CORRECT.Date:Signature of Declarant:Print/Type Name:In accordance with the Americans with Disabilities Act and other applicable state and federal laws, if you require an accommodationfor a disability when working with a court program, service, or activity, please contact the District Court Administration Office atPHONE NO. 244-2800, FAX 244-2849, or adarequest@courts.hawaii.gov at least ten (10) working days before your proceeding,hearing, or appointment date.For Civil related matters, please call 244-2706 or visit the Service Center at 2145 Main Street, Room 141, Wailuku, Hawai`i. American LegalNet, Inc. www.FormsWorkFlow.com