What is an order of replevin in Florida?

The Replevin action is used for resolving civil disputes involving personal property valued up to $15,000.00 (excluding court costs, interest and/or attorney's fees, if applicable). This process allows for an individual to recover property which another person refuses to return.

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Verified Complaint for Replevin or Repossession

Writ Of Replevin Form With Court In Broward

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Broward

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

If you wish to recover more than $10,000, you must consider another court, and in most cases, the assistance of an attorney. If the amount you are asking for is over $10,000, you cannot file in justice court. You cannot just say you will take less to get into this court.

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.

To file a complaint for replevin, you must first prepare a summons (notice to appear in court) and include a complete and accurate description of the property sought. You will also need to attach proof of a bill of sale, title to the property, and photographs of the property.

A Small Claims case is a legal action filed in county court to settle minor legal disputes among parties where the dollar amount involved is $8,000.00 or less, excluding costs, interest and attorney fees.

The Replevin action is used for resolving civil disputes involving personal property valued up to $15,000.00 (excluding court costs, interest and/or attorney's fees, if applicable). This process allows for an individual to recover property which another person refuses to return.

Yes. You can limit your claim to $8,000, even if you feel that you are owed more than that amount, and file a Small Claims case if you want to take advantage of the simplified procedure. However, your recovery will be limited to a maximum of $8,000.

Replevin actions involve disputes over ownership or possession of personal property, such as cars, boats, or artwork. The plaintiff must prove that they have a right to possession of the property and that the defendant wrongfully took or is wrongfully detaining the property.

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.

More info

The State of Florida: To Each Sheriff of the State: YOU ARE COMMANDED to replevy the goods and chattels in possession of the defendant. The process involves filling out forms and gathering supporting documents.Here is how to file a writ: Step 1: Determine if you are eligible to file. Read Form 1.916 - REPLEVIN ORDER TO SHOW CAUSE, Fl. R. Civ. P. form 1.916, see flags on bad law, and search Casetext's comprehensive legal database. Posting a bond per Florida Statute 78.068(3) in the amount of twice the value of the goods subject to the writ. Largest forms database in the USA with more than 80,000 federal, state and agency forms. Also review the forms included in the Florida Rules of Civil Procedure, including Form 1.908, 1.916, 1.937, and 1.995. All checks are to be payable to: Clerk of Court. Please do not send cash through the mail.

Writ Of Replevin Form With Court In Broward

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