How does a replevin order work?

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.

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Verified Complaint for Replevin or Repossession

Replevin Form Maryland In California

Category:

Civil Actions - Replevin

State:

Multi-State

Control #:

US-000265

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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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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.

Creditors use replevin actions to recover collateral when debtors default on secured loans. For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments.

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.

Replevin, a form of lawsuit in common-law countries, such as England, Commonwealth countries, and the United States, for return of personal property wrongfully taken and for compensation for resulting loss. Replevin is one of the oldest legal actions, dating to the 14th century. It is now called “claim and delivery.”

In its simplest terms, replevin is a procedure whereby seized goods are restored to their owner (creditor) at the beginning of a lawsuit. If you ever find yourself in the unfortunate position of needing to retrieve vehicles, equipment, or any personal property in California, the replevin is a very useful tool.

Replevin seeks the return of property, along with possible damages. It allows for the possible return/possession of the property at a Show Cause hearing, a hearing held before a trial. It is filed in the District Court, regardless of the amount in dispute.

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Replevin and detinue are two types of legal actions for the return of property. Asking for damages allows you to seek money from the defendant.SHOW CAUSE ORDER IN ACTION OF REPLEVIN. (Md. Filing a replevin or detinue requires four steps: 1. To initiate the replevin process with your attorney, you will file a Complaint form, a Show Cause Order, and a Request for Service. In California, replevin cases are typically filed in the Superior Court of the county where the property is located or where the defendant resides. At Lusk Law, LLC, we have extensive experience handling replevin and detinue claims, which are generally litigated in district court. SUPERIOR COURT OF CALIFORNIA, COUNTY OF. TELEPHONE NO.: E-MAIL ADDRESS (Optional):. ATTORNEY FOR (Name):. First, you should hire an experienced attorney who has filed replevins in the past and who understands the ins and outs of the law.

Replevin Form Maryland In California

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