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 Form Document Format In Florida
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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.
78.01 Right of replevin. —Any person whose personal property is wrongfully detained by any other person or officer may have a writ of replevin to recover said personal property and any damages sustained by reason of the wrongful taking or detention as herein provided.
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).
Replevin is used when the party having the right of property cannot simply invoke self-help and take the property back. If the party has the ability to do so directly, the action is referred to as repossession.
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.
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.
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 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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You will need to provide one (1) copy of each for the court, plus one (1) copy for each defendant. The State of Florida: To Each Sheriff of the State: YOU ARE COMMANDED to replevy the goods and chattels in possession of the defendant.Form 1.937 - REPLEVIN. COMPLAINT. Plaintiff, A. B., sues defendant, C. D., and alleges: 1. REPLEVIN COMPLAINT o Fill in your name as plaintiff(s), address and phone number o Fill in the defendant(s) name and address for service. The Plaintiff is entitled to the possession of the property under a security agreement dated. ______, a copy of the agreement being attached. The exact legal name, complete address and phone number of the defendant is required. Plaintiff(s) sue(s) the defendant(s) and alleges: 1. COMPLAINT - The replevin complaint form should be typed or printed.