Complaint Replevin Sample Without Notice Period In Houston

Category:

Civil Actions - Replevin

State:

Multi-State

City:

Houston

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.

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.

“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.

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.

You will not go to jail. You have 21 days to respond to the complaint. However, the 21 days on the clock do not start to run until you are actually served with the summons by the process server.

General Information: “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 actions are common and fall into two types of action: if immediate possession of the property is sought and if the party filing the action is content to wait for an adjudication of final rights.

More info

Information about Justice Court Suits and Civil Cases in the Harris County Justice of the Peace Courts. Procedures to follow when filing a claim: City Secretary's Office City of Houston Post Office Box 1562 Houston, Texas 77251-1562 Facsimile No.: 832.393.1109For the best appeals attorneys in Houston, TX, trust The Law Offices of Seth Kretzer. We fight for state and federal appeals. Frank was served with process, and he filed a response to the replevin complaint in the form of a letter addressed to the clerk of the circuit court. A person claiming the right to possession of personal property may bring an action in replevin for possession of the property. F.S. §78.055 sets forth the allegations which must be contained in a complaint if a party seeks a writ of replevin prior to a final judgment. My office just represented a client in a personal property rights case. In this issue: The Courts. Department of Banking.

Complaint Replevin Sample Without Notice Period In Houston

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