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.
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.
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.
A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.
This process allows an individual to recover their property from another person who refuses to return the property to the owner. Before filing your complaint, you must know where the property is located. You should attempt to get the full proper name and address of the party/parties you want to sue.
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.
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.
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.
Call Us. General Information: (954) 831-6565. Telephone agents are available to assist you or direct your call between a.m. and p.m., Monday thru Friday, excluding Courthouse Holidays.
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.
Your research is on the right track. Serve a written 15-day notice to terminate tenancy. If they don't leave, file an eviction lawsuit. Florida law considers them month-to-month tenants even without a lease. Document everything. Consider hiring an attorney to ensure you follow proper procedures.
Ing to Fla. Stat. § 83.57, the amount of notice needed in Florida is 60 days for year-to-year leases, 30 days for quarterly and monthly leases, and seven days for week-to-week contracts. For more details on reasons to evict, see Fla.