Replevin With Damages In Arizona

Category:

Civil Actions - Replevin

State:

Multi-State

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

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.

A replevin action is a civil matter subject to the rules of civil procedure. When the case gets to court, the lien holder must establish his right to possession of the property, normally through a contract. He will have to show that the borrower breached the contract, usually due to nonpayment.

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.

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.

In New York, a replevin action is governed by the three-year statute of limitations in CPLR 214 (3). The law that applies is the law of the state where the tangible personal property is located.

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.

You will not go to jail. You have 21 days to respond to the complaint. However, the 21 days on the clock do not start to run until you are actually served with the summons by the process server.

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Typically, if a trial is necessary to determine the amount of special damages, if any, the trial will be a bench trial rather than a jury trial. Where requested, a judgment for contract damages will be added to the Replevin action.A lien holder will go to court and obtain a court order for repossession. This order, called a Writ of Replevin, allows for recovery of the vehicle in question. The process of starting a replevin action usually begins with filing a complaint. Both sides in a replevin suit will have to file a bond. C. Identify who may repossess property. What is the process once a person states they want to file a replevin and how long does it take to complete? Fill out our online form or give us a call to request a free quote. In most cases you can fill out the forms on your computer and then print them out.

Replevin With Damages In Arizona

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