Replevin Without Notice 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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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.

Re·plev·in ri-ˈple-vən. : an action originating in common law and now largely codified by which a plaintiff having a right in personal property claimed to be wrongfully taken or detained by the defendant seeks to recover possession of the property and sometimes to obtain damages for the wrongful detention.

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 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.

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.

Replevin can also refer to a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions). Replevin may be ordered as a final judgment, or in some jurisdictions, as a provisional remedy.

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.

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This article delves into the nuances of replevin actions in Texas, offering guidance for both divorced and expartners seeking to retrieve their belongings. Sec. 62.041. MOTION FOR DISSOLUTION; STAY.Once you've obtained the writ of replevin, the court will take care of notifying the defendant and enforcing the order. You do not have a right to notice in the repossession process, but you do have a right to notice if the lender pursues a replevin action. A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property. Information about Justice Court Suits and Civil Cases in the Harris County Justice of the Peace Courts. The UCC provides that the lien should not be enforced without notification to all known persons who claim an interest in the goods which will be sold to. Criminal. Standardized Felony Judgment Forms. Scheduled drug without a valid prescription. Replevin is a provisional remedy that is usually ordered before a judgment.

Replevin Without Notice In Houston

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