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 For Florida In Cook

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Cook

Control #:

US-000265

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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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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.

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.

To initiate the replevin action, creditors must attach proof of a bill of sale, property title, debt agreement, etc. to a complaint filed with the clerk of court. This filing will include a replevin summons, as well as filing the original documents with the court as well.

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.

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).

When you file your Complaint for Writ if Replevin, a hearing will be scheduled and the court will issue a notice for service upon the defendant. The hearing will be between 10 and 20 days from the date that the court issues the notice to the defendant.

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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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. Your hearing date will be set at least sixty (60) days out from the date of filing your case. Name and title of person filling out this form: Telephone number: Place of business: Mailing address (if different):. Plaintiff asks that an Order of Replevin issue and for judgment against defendant for: a. Possession of the property; b. Writ of replevin and request for a 'break order' was filed. PART V.-JURIsDIcrIoN ON WRIT OF CERTIORARI. 19. Considerations governing review on certiorari. 20.

Writ Of Replevin Form For Florida In Cook

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