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.
Replevin With Damages Meaning In Arizona
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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.
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.
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.
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.
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.
File a motion for a writ of replevin. The motion must be accompanied by an affidavit or verified complaint that supports the allegations in your complaint. The affidavit must also state that you will post a replevin bond with the court. The amount of the bond will be set by the court.
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.
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Replevin is the common law cause of action for recovering personal property wrongfully withheld from its rightful owner. This order, called a Writ of Replevin, allows for recovery of the vehicle in question.The bond works as a financial guarantee for the landlord (or whoever the defendant is). That person feels more comfortable returning your property. What is the process once a person states they want to file a replevin and how long does it take to complete? STEP 2: Fill out the "Summons" form. In the Superior Court of the State of Arizona. In a replevin action, the plaintiff seeks the return of property, not money damages. A replevin action is an alternative to repossession in the case of a secured interest in property. My office just represented a client in a personal property rights case.