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.
Writ Of Replevin Form For Louisiana In Franklin
Category:
State:
Multi-State
County:
Franklin
Control #:
US-000265
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Word;
Rich Text
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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.
“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.
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.
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.
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.
And while there are exceptions, supervisory writs are generally invoked for interlocutory rulings, while an appeal is the proper mechanism for review of a final judgment. Appellate courts have both appellate jurisdiction and supervisory jurisdiction over cases which arise within its circuit under La. Const. art.
Timeline of How to File a Lawsuit Step 1: File a Complaint. Plaintiff files a complaint and summons with the local county court. Step 2: Answer Complaint. Step 3: Discovery. Step 4: Failing to Respond to Discovery. Step 5: Conclusion of Lawsuit.
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.
Generally, the 5 steps to filing a lawsuit in Louisiana include: Investigate. Gather all relevant evidence. Write the petition for damages. File the petition for damages in the correct court. Serve the petition and summons on the defendant.
The state of Louisiana is unique in that nearly all civil actions have a one-year statute of limitations (most states range from two to five years for more claims). The exceptions are the three-year limits on collections of rent and debts and a 10-year statute of limitations for contracts and judgments.
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Click on your parish in the drop-down menu below to see available services and forms in your area. Some jurisdictions have self-help centers that you can visit.A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property. Forms in this set include petitions, service information, rules to show cause, motions and instructions for filling out petitions. 6. Suit for Money Owed. A. 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. Contact Us: 300 Iberia Street, PO Box 567 Do you have to fill out any form or any- thing of the kind? It is to be said of that, that the surety has not appealed, nor is the replevin bond before us.