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.
Complaint Replevin Form With Attorney In Hillsborough
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State:
Multi-State
County:
Hillsborough
Control #:
US-000265
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Word;
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FAQ
A writ of replevin was available only for an unlawful taking in the nature of a wrongful distress, where restitution could be made for the goods wrongfully taken (being in the nature of a redelivery of the pledge or the thing taken in distress) with damages for the loss sustained by such action.
Replevin is a civil action to recover a piece of personal property that a person refuses to return to you. In a replevin action, you must prove a legal right to the possession of the property, such as ownership of it, and that the defendant has wrongful possession of the property.
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.
Potential Claims That Fall Under the Four-Year Statute of Limitations for Florida Property Damage. If your property in Florida suffers damage, you likely have four years to file a lawsuit against the responsible parties.
The statute of limitations depends on the type of replevin action you're filing. For general replevin, you only have 15 days from the date of wrongful repossession. If the repossession was due to nonpayment of rent, you have 30 days. You also have to check the correct venue for filing the replevin action.
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.
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.
The general deadline to file a lawsuit based on negligence (carelessness) is two years after the date of your injury. This deadline used to be four years, but Florida updated its law on March 24, 2023. Therefore, Florida accidents occurring after this date must be legally acted upon within the two-year timeframe.
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.
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The Plaintiff is entitled to the possession of the property under a security agreement dated. ______, a copy of the agreement being attached.You must fill out and submit this form with each new action. Print the form titled "Complaint to Remove Persons Unlawfully Occupying Residential Real Property, 'Squatter'" from this download link. Information on Replevin Procedures. This information package is designed as a COURTESY from Hillsborough County Sheriff's Office. Affidavits of service must be filled out and notarized for each defendant. This page lists various forms for conducting business with the Clerk or Courts. This Electronic Services page is your electronic entrance to the Judicial Branch. Replevin Complaint Per FS 78.055 Form.