Replevin With Damages In Los Angeles

State:
Multi-State
County:
Los Angeles
Control #:
US-000265
Format:
Word; 
Rich Text
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.

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.

Section 73 of the ICA provides as follows: When a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has committed breach, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the ...

In its simplest terms, replevin is a procedure whereby seized goods are restored to their owner (creditor) at the beginning of a lawsuit. If you ever find yourself in the unfortunate position of needing to retrieve vehicles, equipment, or any personal property in California, the replevin is a very useful tool.

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.

In its simplest terms, replevin is a procedure whereby seized goods are restored to their owner (creditor) at the beginning of a lawsuit. If you ever find yourself in the unfortunate position of needing to retrieve vehicles, equipment, or any personal property in California, the replevin is a very useful tool.

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.

More info

Fill out claim as indicated; attach additional information if necessary; Return the original in person or US Mail to: Executive Officer, Board of Supervisors It is a lawsuit for breach of contract, combined with prejudgment remedies seeking recovery of your collateral.In California, replevin cases are typically filed in the Superior Court of the county where the property is located or where the defendant resides. 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. Yes, as long as a claim for money is also part of the small claims lawsuit. Typically, if a trial is necessary to determine the amount of special damages, if any, the trial will be a bench trial rather than a jury trial. Replevin seeks the return of property, along with possible damages. Filing a replevin or detinue requires four steps: 1. 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.

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Replevin With Damages In Los Angeles