What is an order of replevin in Texas?

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 For A Cow For Sale In Houston

Category:

Civil Actions - Replevin

State:

Multi-State

City:

Houston

Control #:

US-000265

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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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Replevin (/rɪˈplɛvɪn/) or claim and delivery (sometimes called revendication) is a legal remedy which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses.

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 process involves: Filing a Complaint: The plaintiff must file a detailed complaint, specifying the property and asserting their ownership or right to possession. Notice and Hearing: The defendant is given notice, and a hearing is scheduled. The plaintiff must prove their claim to the property.

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 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 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.

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.

More info

A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property. Unfortunately, there is no preprinted form writ of replevin.At least not online. Opinion. Spring Session, 1880. Chief clerk of the house, seven dollars per day each; to the nseistant secretaries of the senate and clerks of the house, Ilix dollars per. 2. Replevin — proof of value of property. Please complete the enclosed REPLEVIN COMPLAINTform included in this packet and sign it in the presence of a Deputy Clerk or Notary Public. The common law of contract is an intellectual and political triumph. In general, Texas has very few official legal forms. This is why you will not always find a free fill-in-the-blank form for your situation.

Replevin For A Cow For Sale In Houston

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