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.
Replevin For Money In Collin
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State:
Multi-State
County:
Collin
Control #:
US-000265
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Word;
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Procedure for Obtaining, in Court, a Writ of Replevin The filing of a complaint begins a replevin action. As in other civil actions, the defendant is brought into Court by the service of the summons and the complaint. If the plaintiff establishes the cause of action, the Court must enter an Order granting possession.
Replevin, a legal remedy in Texas, is designed to help individuals recover personal property unlawfully held by another party. This action is particularly relevant for ex-partners, as Texas family law primarily addresses property division within the context of divorce.
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.
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” is a process whereby seized goods may be restored to their owner. In a replevin case, the Plaintiff claims a right to personal property (as opposed to real property/real estate) which has been wrongfully taken or detained by the defendant and seeks to recover that personal property.
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.
Replevin is the common law cause of action for recovering personal property wrongfully withheld from its rightful owner. This is more commonly associated with personal chattels. Chattels are personal possessions.
The replevin remedy is quick. The hearing on the writ will typically take place within 50 days of filing the lawsuit. The writ should be to the sheriff within 10 days after the hearing. The writ itself is good for 60 days, and the sheriff generally makes more than one attempt at recovery.
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This article delves into the nuances of replevin actions in Texas, offering guidance for both divorced and expartners seeking to retrieve their belongings. If you are unable to pay those fees, fill out a Statement of Inability to Afford Payment of Court Costs form – the court must provide this form to you.Fill out a Small Claims Summons and Complaint form or Summons for Consumer Replevin form. Debtor's adversary complaint seeks damages against Nebraska Furniture Mart ("NFM"), for NFM's request, in a postdischarge replevin action. Use this online tool from Lone Star Legal Aid to file an answer in a debt collection lawsuit in Justice court. Remember, a replevin is only a remedy for recovering personal property. A replevin is not used to recover real property. 2. Debtor's adversary complaint seeks damages against Nebraska Furniture Mart ("NFM"), for NFM's request, in a postdischarge replevin action. The market value of the land at the time fixed in the contract for completing the sale. Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of one count of grand larceny in the second degree.