What is the meaning of writ of replevin?

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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Verified Complaint for Replevin or Repossession

Replevin Repossession Form California In Hillsborough

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Hillsborough

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

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 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.

In its simplest terms, replevin is a procedure whereby seized goods are restored to their owner (creditor) at the beginning of a lawsuit. If you ever find yourself in the unfortunate position of needing to retrieve vehicles, equipment, or any personal property in California, the replevin is a very useful tool.

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.

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.

More info

The Plaintiff is entitled to the possession of the property under a security agreement dated. ______, a copy of the agreement being attached.I certify that I, or the firm, company, or corporation I am authorized to represent, am the legal owner within the meaning of California Vehicle Code. "Replevin" means an action for recovering goods wrongfully taken or detained. To file a claim against the Town of Hillsborough, please download the Claim Form (PDF). In California, replevin cases are typically filed in the Superior Court of the county where the property is located or where the defendant resides. A writ of possession is issued as a provisional remedy in a cause of action for claim and delivery, also known as replevin. It is a lawsuit for breach of contract, combined with prejudgment remedies seeking recovery of your collateral. A Motion to Stay a Writ of Possession is a document that a resident files with the court which has the result of "staying" or "stopping" an eviction action. Shimer, of Hillsborough,.

Replevin Repossession Form California In Hillsborough

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