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.
Writ Of Replevin Form With 2 Points In Arizona
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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.
Exclusive of interest and costs, a small claims lawsuit cannot have a claim amount for more than $3,500. If you wish to file a lawsuit for an amount over $3,500, but less than $10,000, you may file a civil lawsuit in the justice court.
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 purpose of the writ of replevin is to allow a creditor to legally retrieve property that secures a debt. Replevin actions in Arizona are governed by Title 12 of the Arizona Revised Statutes.
When you file your Complaint for Writ if Replevin, a hearing will be scheduled and the court will issue a notice for service upon the defendant. The hearing will be between 10 and 20 days from the date that the court issues the notice to the defendant.
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.
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 is a legal action to ask for the return of your personal property which is being kept from you by another person without your permission. You must own or have a property interest in the property you want returned. The person who has the property must be wrongfully keeping it at the time you file your action.
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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.This guide can give you a place to start your research when you have won a monetary judgment against another party in Superior or Justice court. This form is available on Westlaw. Easily search more than 600,000 legal forms to find the exact form you need. Gov > Court Forms > Superior Court Forms > then search for a specific topic. I. GENERAL ADMINISTRATION. Rule. 1. An overview of the procedure and relevant time frames in connection with obtaining judgment in Arizona to collect a debt. These forms must be filled out and submitted to the Clerk of the Court together. A petition having been filed proposing to amend the Arizona.