How does a replevin order work?

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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1200 Civil Action Forms
Verified Complaint for Replevin or Repossession

Replevin Repossession In Harris

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Harris

Control #:

US-000265

Format:

Instant download

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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FAQ

When Replevin May Apply. In general, repossession is easier for a lender than replevin because it involves a less formal process and tends to be more efficient. A lender cannot use repossession, however, when it would result in a breach of the peace.

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.

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.

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What will happen if a writ of replevin is issued against myself for a financed vehicle that I no longer have possession of? The legal procedures for vehicle repossession?Is it necessary for the repossession company to knock on the door before entering the property? While repossession does not involve a formal process in court, replevin consists of getting the court to order the consumer to return the vehicle to the lender. A writ of replevin is a court order directing the borrower, or anyone in possession of your collateral, to turn the collateral over to local law enforcement. Plaintiff, Jim's Furniture Mart, filed a complaint in replevin seeking the return of several items of furniture purchased under a retail installment contract. In most locations, and laws do vary so it may not apply in all, repo companies will notify the police after they have repossessed the car. Actions for replevin must be filed in the state and county where the items are located. Replevin is a legal action to secure possession of personal property such as cars, boats, and artworks. 2d 412, 563 N.W.2d 543 (Ct. App.

Replevin Repossession In Harris

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