Fill and Sign the Complaint for Replevin or Repossession Without Bond and Agreed Order Form

- 1 - IN THE ______________ COURT OF THE ______________ JUDICIAL DISTRICT OF _____________ COUNTY, ______________ ) ) ) Petitioner/Plaintiff, ) ) ) NO. Vs. ) ) ) Respondent/Defendant ) ) COMPLAINT FOR REPLEVIN WITHOUT BOND COMES NOW Plaintiff, ____________ and files this its Complaint for Replevin without Bond, pursuant to _____ Code Ann. Sec____________________ et seq., against Defendant, ____________ and in support thereof, would show unto the Court the following: 1. ____________ (hereinafter "____________") is a corporation organized and existing under the laws of the State of ____________, with its principal place of business in ____________, ____________. 2. ____________, (hereinafter "____________") is an adult resident citizen of the ____________ County, ____________ and may be served with process of this Court at her residence, ____________, ____________________________________. - 2 - 3. On or about ____________, ________________________ purchased a new 1982 Piedmont, 70' x 14' mobile home, bearing serial ____________ from ________________________. In connection with said purchase, Defendant executed a Retail Installment Contract and Security Agreement (hereinafter the "Agreement") in the pri ncipal sum of $____________, bearing interest at the rate of ____________% APR payable in ____________ monthly installments. The Agreement granted the holder thereof a security interest in the aforedescribed mobile home, and all accessories installed in or affixed to the mobile home, including furniture, appliances and air conditioning, and replacements thereof, and any proceeds arising from the disposition thereof, all as more specifically set forth the Agreement, (hereinafter collectively the "Mobile Home") until the purchase price was paid in full. A copy of the Agreement is attached hereto as Exhibit "A" and incorporated he rein by reference. ____________ is the holder in due course for value of said Agreement. Subsequently, in ____________, ____________ and ____________ entered into a Modification Agreement which extended the term of the contract for an additional ____________ months and reduced the interest rate to ____________%. A copy of the Modification Agreement is attached hereto as Exhibit "B" and incorporated herein by reference. 4. Garner has defaulted in the terms and conditions of the Agreement, as modified, by failing to pay the indebtedness when and as due. ____________ is in default for all payments due after ____________, constituting an arrearage of $____________, as of ____________. ____________ has made demand upon ____________ to pay the past due balance and to bring the arrearage under the Agreement current. However, ____________ has failed or refused to do - 3 - same and ____________, pursuant to the Agreement, has accelerated all amounts due under the Agreement. As of ____________, ____________ owed a total of $____________, with said balance accruing interest at the rate of ____________%.5. ____________ has made demand on ____________ to return the above described Mobile Home or to allow an agent of ____________ to take possession of said Mobile Home. The ____________ has steadfastly refused to allow either the Mobile Home to be returned voluntarily or to be repossessed by agents of ____________. By such refusal, ____________ is wrongfully detaining property to which ____________ is legally entitled to immediate possession. 6. ____________ attorney for Plaintiff, being duly authorized by Plaintiff, makes affidavit that said Mobile Home is the property of ____________ and is wrongfully detained by ____________ in the ____________ County, ________________, and ____________ is legally entitled to the possession thereof. 7. ____________ petitions the Court for a fiat to be entered in this cause, directing the Clerk to issue summons to ____________ to appear for a hearing on the merits, without a jury, upon five (5) days notice, and that the Court will determine ____________ right to possession and shall enter a Final Judgment herein. WHEREFORE, PREMISES CONSIDERED, Plaintiff, ____________, prays that this Court enter an order directing the Clerk to issue summons to the Defendant requiring he r to be - 4 - and appear before this Court upon at least five (5) days' notice for a hearing on the merits, without a jury, to determine Plaintiff's right to possession of the aforesaid Mobile Home, last known to be located at ____________, ____________, ________________, and that upon such hearing, the Court will enter a judgment awarding possession of said Mobile Home to Plaint iff, and ordering the Sheriff of ____________ County, ________________ to immediately seize the Mobile Home and to deliver it to Plaintiff, to be dealt with according to the t erms and provisions of the Agreement, and the laws of the State of ________________. And Plaintiff prays that Defendant be assessed reasonable attorney fees, all cost of Court and for such other genera l and specific relief to which it may be entitled. Respectfully submitted this the ___ day of ____________. ___________________________ PLAINTIFF By: ___________________________ STATE OF ____________ COUNTY OF ____________ PERSONALLY APPEARED BEFORE ME, the undersigned authority in and for said county and state, the within named ________________________ attorney of record for ________________________, who, having been duly sworn by me, states on oath that, to his best knowledge, information and belief, the matters and things set forth in the foregoing Complaint for Replevin Without Bond are true and correct as therein stated, and that for and on behalf of the said corporation, and as its act and deed he executed the above and foregoing instrument, after first having been duly authorized by said corporation so to do. _________________________________ - 5 - SWORN TO AND SUBSCRIBED BEFORE ME, this the _______ day of ________, 20_____. _________________________________ NOTARY PUBLIC My Commission Expires: ______________________ - 1 - IN THE ______________ COURT OF THE ______________ JUDICIAL DISTRICT OF _____________ COUNTY, ______________ ) ) ) Petitioner/Plaintiff, ) ) ) NO. Vs. ) ) ) Respondent/Defendant ) ) AGREED ORDER OF POSSESSION THIS DAY this cause came on for hearing on Plaintiff's Complaint for Replevin without Bond, after service of summons upon Defendant, ________________________ and said Defendant having appeared, and the Court being advised in the premises and being partic ularly advised that the parties have reached agreement regarding the disposition of this m atter, and the Court having jurisdiction of the parties and the subject matter, and the Court fi nding that the agreement of the parties is well taken. IT IS THEREFORE ORDERED AND ADJUDGED, that the Plaintiff is entitled to a judgment of possession of one (1) 1982 Piedmont, 70' x 14' mobile home, bearing serial ____________ and all accessories installed in or affixed to the mobile home, including furniture , appliances and air conditioning, and replacements thereof, and any proceeds arising from the disposition thereof, last known to be located at _________________, _____________, - 2 - __________________ to be dealt with according to the terms and provisions of the Mobile Installment Contract, Security Agreement and Disclosure Statement executed between the parties, plus a judgment for reasonable attorney fees of $____________ and all costs of court incurred herein. IT IS FURTHER ORDERED AND ADJUDGED, that Defendant shall vacate and surrender said mobile home on or before __________________ and that Plaintiff shall not be entitled to take actual possession of said mobile home until _____________________. IT IS FURTHER ORDERED AND ADJUDGED, that the Sheriff of ____________County, ____________ may immediately seize said described property and deliver it to Plaintiff on or after _________________, 20____, upon certified copy of this order being furnished to said officer. SO ORDERED on this the _______ day of ______________, 20____. _________________________________ CIRCUIT COURT JUDGE ________________________________ Attorney for ________________________________ IN THE ______________ COURT OF THE ______________ JUDICIAL DISTRICT OF _____________ COUNTY, ______________ - 1 - ) ) ) Petitioner/Plaintiff, ) ) ) NO. Vs. ) ) ) Respondent/Defendant ) ) ORDER THIS DAY this cause came on for hearing on Plaintiff's Complaint for Replevin without Bond, after service of summons upon Defendant, ____________ and said Defendant having failed to appear, and the Court having jurisdiction of the parties and the subject matter, and the Court finding that the position of the Plaintiff is well taken and that Plaintiff is entitled to the relief requested herein. IT IS THEREFORE ORDERED AND ADJUDGED, that the Plaintiff is entitled to immediate possession of one (1) 1982 Piedmont, 70' x 14' mobile home, bearing serial ____________ and all accessories installed in or affixed to the mobile home, including furnit ure, appliances and air conditioning, and replacements thereof, and any proceeds arising from the disposition thereof, last known to be located at __________________, ________________, _______________. IT IS FURTHER ORDERED AND ADJUDGED, that Plaintiff have and recover judgment for possession of said described property to be dealt with according to the terms a nd provisions of the Mobile Installment Contract, Security Agreement and Disclosure Stateme nt - 2 - executed between the parties, plus a judgment for reasonable attorney fees of $____________ and all costs of court incurred herein.IT IS FURTHER ORDERED AND ADJUDGED, that Defendant shall disclose to Plaintiff the location of the above described property and/or provide Plaintiff with direc tions to said property. IT IS FURTHER ORDERED AND ADJUDGED, that the Sheriff of ____________ County, ____________ immediately seize said described property and deliver it to Plaintiff upon certified copy of this order being furnished to said officer. SO ORDERED on this the _______ day of ______________, 20____. _________________________________ CIRCUIT COURT JUDGE Prepared by:______________________