Replevin File With Court In Los Angeles

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Los Angeles

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

A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.

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.

Oral motion - You can make a motion verbally (orally) while in court. This can be at the initial appearance, at a status appearance, or during a hearing. Usually, you can use an oral motion when the request is not complicated, or if it is an urgent request that you are hoping the judge will grant that day.

If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.

Write your legal argument by stating the rule and explaining how your facts apply to it. Then, add your signature, a Certificate of Service, and a Notice of Hearing. File your motion with the clerk of court overseeing your case. Then, give copies to each defendant.

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.

General format - each motion generally consists of a case caption, a title that briefly identifies the relief sought, a series of numbered paragraphs that explains -- in a logical way -- why you are entitled to that relief, a prayer for relief, a signature block, a certification that a copy of the motion was sent to ...

If you have a lawyer, the lawyer has to file the motion. If you want to file without the lawyer, you need to discharge the lawyer.

How to Write a Kick-Ass Motion Make an Outline. Keep Your Motion Simple. Maintain Credibility. Mind Your Citations. Focus on Facts. Keep Your Intro Short. Respect the Opposition. Write in English, Not Legalese.

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In California, replevin cases are typically filed in the Superior Court of the county where the property is located or where the defendant resides. All California courts use the same basic set of forms for small claims.You can find the most commonly-used forms on this page. Files. The Los Angeles Superior Court is transitioning to electronic "paperless" case files. All checks are to be payable to: Clerk of Court. Please do not send cash through the mail. Place the completed forms in an envelope. Include a check or money order for the amount of the filing fee. Filing a replevin or detinue requires four steps: 1. A complaint for a writ of replevin may be filed in the District Division of the Circuit Court.

Replevin File With Court In Los Angeles

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