Verified Replevin Repossession Application Withdrawn In Harris

State:
Multi-State
County:
Harris
Control #:
US-000265
Format:
Word; 
Rich Text
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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  • Preview Verified Complaint for Replevin or Repossession
  • Preview Verified Complaint for Replevin or Repossession
  • Preview Verified Complaint for Replevin or Repossession

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FAQ

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.

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 replevin remedy is quick. The hearing on the writ will typically take place within 50 days of filing the lawsuit. The writ should be to the sheriff within 10 days after the hearing. The writ itself is good for 60 days, and the sheriff generally makes more than one attempt at recovery.

“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.

Replevin is the common law cause of action for recovering personal property wrongfully withheld from its rightful owner. This is more commonly associated with personal chattels. Chattels are personal possessions.

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.

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 may be ordered as a final judgment, or in some jurisdictions, as a provisional remedy.

Repossession, colloquially repo, is a "self-help" type of action in which the party having right of ownership of a property takes the property in question back from the party having right of possession without invoking court proceedings.

Alternative Legal Actions Other legal remedies may be more appropriate than a replevin action, depending on why the court denied the replevin action. These might include: An action for monetary damages. A claim for trespass to chattels, based on substantial interference with the use of your personal property.

“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.

More info

If you default on your car loan payments, the lender can take your car back through repossession or replevin. Learn the difference.Many states allow repossessors to enter private property to complete a repossession, so long as the taking is without breaching the peace. 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 prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property. Before you would make any payments, you would want to make sure that the plaintiff agrees to withdraw the complaint and files papers in court to withdraw it. Customer: This is my order for replevin. Can someone please show me the writ of replevin documentation I CAN fill out. The applicant should sign the copy in front of a notary and have the signed paper notarized. So, before handing over any money, you want to get the plaintiff to agree in writing to withdraw the action.

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Verified Replevin Repossession Application Withdrawn In Harris