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 Action For Pets In Hillsborough
Category:
State:
Multi-State
County:
Hillsborough
Control #:
US-000265
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Word;
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FAQ
Answer. People who believe that their animal is being wrongfully withheld can commence a civil lawsuit (such as a replevin action) to try to get the animal returned and can also contact the police, although the police do not usually get involved in pet custody disputes.
In California, pets are generally considered property under the law, and if you have proof of ownership, such as adoption papers or veterinary records, it can strengthen your case. Since you had possession of the dog before and have evidence of your previous ownership, you may have legal grounds to reclaim your pet.
If a pet is injured, an owner may bring an injury claim to court. However, the damages the owner can recover may be limited. In most cases, small claims court and representing yourself may be your best option.
If your dog has been taken wrongfully, perhaps by a family member, or ex non-marital partner, it is possible to use the property status of your animal to obtain a judgment. Replevin is an effective civil remedy to get your dog back.
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.
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.
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.
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.
More info
The Plaintiff is entitled to the possession of the property under a security agreement dated. ______, a copy of the agreement being attached.You may include a counterclaim for all your costs in your answer. If you are seeking immediate return of your dog, a bond is required at double the value, to protect the defending party against wrongful action. Emergency replevin actions are filed in district court, not small claims court. An attorney will help you present your strongest case. Plaintiff Eliott Adams is seeking an emergency prejudgment writ of replevin to regain possession of his dog Fenrir from defendant Aundrea Delgado. Florida law provides for two alternative procedures for replevin A: Order to Show Cause The defendant receives notice of the replevin action. Replevin can be given with, or without notice to the defendant. Information on Replevin Procedures.