Does replevin apply to real property?

In contrast to personal property like chattels and motor vehicles, replevin generally doesn't apply to real property like real estate or houses. Real property, such as land, houses, or other types of real estate, is immovable.

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1200 Civil Action Forms
Verified Complaint for Replevin or Repossession

Replevin For Property 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

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.

What Is the Replevin Law in California? Also called claim and delivery, the replevin law grants you the right to reclaim personal property that someone else has wrongfully taken or detained.

Procedure for Obtaining, in Court, a Writ of Replevin The filing of a complaint begins a replevin action. As in other civil actions, the defendant is brought into Court by the service of the summons and the complaint. If the plaintiff establishes the cause of action, the Court must enter an Order granting possession.

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.

In California, the statute of limitations for claim and delivery, also known as replevin, falls under the broader category of actions related to the recovery of personal property. This period is typically three years.

In contrast to personal property like chattels and motor vehicles, replevin generally doesn't apply to real property like real estate or houses. Real property, such as land, houses, or other types of real estate, is immovable.

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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. (Include in this statement whether any part of the claimed property is within a private place that may have to be entered to take possession.Geraci's Litigation team is fully prepared to represent you in replevin cases. At the start of a lawsuit, seized goods are returned to their rightful owner. Fill and file forms and pay a fee to start a small claims case. Then, have a copy of the forms delivered (served) to whomever you're suing. Customer: I need to find an attorney who can help with property recovery or writ of replevin. Lawyer's Assistant: Where is this occurring? Fill out claim as indicated; attach additional information if necessary; Return the original in person or US Mail to: Executive Officer, Board of Supervisors The process of starting a replevin action usually begins with filing a complaint.

Replevin For Property In Los Angeles

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