What is the writ of replevin in California?

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

Writ Of Replevin Form With 2 Points In Contra Costa

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Contra Costa

Control #:

US-000265

Format:

Instant download

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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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Affidavit of Death – A document recorded to verify the death and identify the decedent as a former interest holder in the specifically-described or referred to real property. Agreement – Specifies agreement to terms and conditions relating to real property.

For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments. Replevin can also refer to a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions).

Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.

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.

If you want to ask for more than $10,000 (for individuals) or $5,000 (businesses and other entities), you need to sue in the civil division of the superior court and not in small claims court. In the civil division, lawyers can represent each side.

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.

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.

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.

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Plaintiff applies for (check all that apply):. Writ of possession after hearing (Code Civ.The Clerk-Recorder's Office does not offer blank forms of documents for recording. Clerk-Recorder Staff is prohibited from giving legal advice. 2. Fill out a Small Claims Summons and Complaint form or Summons for Consumer Replevin form. Contra Costa County Employees' Re tirement Assn. Attached are the forms you need to file to begin an action for replevin. These forms must be filled out and submitted to the Clerk of the Court together. Official Forms for Viewing and Downloading. A writ of possession is issued as a provisional remedy in a cause of action for claim and delivery, also known as replevin.

Writ Of Replevin Form With 2 Points In Contra Costa

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