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 Two Points In Arizona
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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.
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.
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.
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.
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 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.
“Jurisdiction” is the court's power to decide a case. 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.
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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.In most cases you can fill out the forms on your computer and then print them out. Here you will find forms for every case type. Forms for filing a case, answering a summons, entering a plea, even asking for a continuance or for an appeal. The legal remedy of Replevin is best used when the secured creditor cannot repossess the collateral without breaching the peace. This form is available on Westlaw. Easily search more than 600,000 legal forms to find the exact form you need. A petition having been filed proposing to amend the Arizona. The officer is only allowed, when completing a Writ of Execution, to seize an amount of property sufficient to satisfy the judgment.