Complaint (Replevin) {5DC10}

COMPLAINT FOR RETURN OF PERSONAL PROPERTY (REPLEVIN); SUMMONS Form #5DC10 Reserved for Court Use Plaintiff Civil No. Defendant Filing Party/Attorney Name, Attorney Number, Firm Name (if applicable), Address, and Telephone Number COMPLAINT FOR 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 2 I certify that this is a full, true, and correct copy 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 2 Form # 5DC10 American LegalNet, Inc. www.FormsWorkFlow.com PERSONAL PROPERTY DESCRIPTION SERIAL # OR OTHER ID MARK VALUE TOTAL VALUE OF PROPERTY ...................................................................................................................... $ Date: Signature of Filing Party/Attorney: Print/Type Name: DECLARATION I 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 accommodation for a disability when working with a court program, service, or activity, please contact the District Court Administration Office at PHONE NO. 482-2347, FAX 482-2509, or TTY 482-2533 at least ten (10) working days before your proceeding, hearing, or appointment date. For Civil related matters, please call 482-2303 or visit the S Center at 3970 K342221ana Hawai221i 96766 (Rev. 1/23/2018) Page 2 of 2 Form# 5DC10 American LegalNet, Inc. www.FormsWorkFlow.com