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 Court Order 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.
A civil action filed in a limited jurisdiction court is a claim against another party for damages of an amount up to $10,000.00. These lawsuits are designed to resolve civil disputes before a justice of the peace. Parties in a civil lawsuit may be represented by attorneys and appeal their case to a higher court.
When efforts to repossess fail, a lien holder should seriously consider seeking a court order for replevin. 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.
A plaintiff representing herself may obtain and fill out a prepared Complaint form from the Clerk of the Court at the courthouse or online at each county court website or by visiting . The Complaint must be filed with the Clerk of the appropriate court.
You start a lawsuit by filing a complaint. In some circumstances, you file a petition or a motion. The court has several complaint forms that you may use in drafting your complaint. The forms are available online and at the Pro Se Intake Unit.
Timeline of How to File a Lawsuit Step 1: File a Complaint. Plaintiff files a complaint and summons with the local county court. Step 2: Answer Complaint. Step 3: Discovery. Step 4: Failing to Respond to Discovery. Step 5: Conclusion of Lawsuit.
The plaintiff files a document (complaint) with the clerk of the court stating the reasons why the plaintiff is suing the defendant, and what action the plaintiff wants the court to take. A copy of the complaint and a summons are delivered to (served on) 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.
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.
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STEP 1: USING BLACK INK ONLY, Fill out the "Civil Cover Sheet. " â–« Write in "Maricopa" as the county.Court Forms and Instructions. Completing the Forms. 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. A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property. 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. Article 12 - REPLEVIN Section 12-1301 - Affidavit to obtain possession Section 12-1302 - Order for taking property Section 12-1303 - Bond; amount and conditions Both sides in a replevin suit will have to file a bond.