Replevin For Property In Alameda

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Alameda

Control #:

US-000265

Format:

Instant download

Description

This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.

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FAQ

In its simplest terms, replevin is a procedure whereby seized goods are restored to their owner (creditor) at the beginning of a lawsuit. If you ever find yourself in the unfortunate position of needing to retrieve vehicles, equipment, or any personal property in California, the replevin is a very useful tool.

For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments. Replevin can also refer to a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions).

Replevin actions are common and fall into two types of action: if immediate possession of the property is sought and if the party filing the action is content to wait for an adjudication of final rights.

Creditors use replevin actions to recover collateral when debtors default on secured loans. For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments.

What Is the Replevin Law in California? Also called claim and delivery, the replevin law grants you the right to reclaim personal property that someone else has wrongfully taken or detained.

When filing a replevin suit, the plaintiff must provide evidence that they are the rightful owner of the property in question and that it was taken without justification or consent.

The process of starting a replevin action usually begins with filing a complaint. It also requires filing an affidavit in the county or district court where the property is. The affidavit: States that the plaintiff claims rightful ownership or entitlement to possession of the property.

The Complaint: The complaint in replevin typically must include: (i) a description of the property to be replevied; (ii) its value; (iii) its location if known; and (iv) the material facts upon which the claim is based – in other words, why the filing party is entitled to seize the property that has been taken.

Replevin can also refer to a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions). Replevin may be ordered as a final judgment, or in some jurisdictions, as a provisional remedy.

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(Include in this statement whether any part of the claimed property is within a private place that may have to be entered to take possession. The Court recommends that Plaintiff's Motion for Replevin at Docket 22 be denied.Replevin is an action for recovery of property wrongfully seized or detained. Hello,State law is the same from county to county and you can still file for replevin in small claims. A writ of possession is issued as a provisional remedy in a cause of action for claim and delivery, also known as replevin. The question concerned the nature of the object of, I believe, an action in replevin: "What was a bezoar stone? A writ of possession is issued as a provisional remedy in a cause of action for claim and delivery, also known as replevin. APPEAL from a judgment of the Superior Court of Alameda County. James G. Quinn, Judge. Reversed. DH Alameda operated a retail restaurant and donut production facility.

Replevin For Property In Alameda

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