How does a replevin order work?

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.

US Legal Forms
1200 Civil Action Forms
Verified Complaint for Replevin or Repossession

Verified Replevin Repossession Application Withdrawn In Los Angeles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.

View Fsbo forms with realtor in Fairfax

View this form

View Fsbo forms with realtor in Georgia

View this form

View Fsbo forms with realtor in Maryland

View this form

View Fsbo forms with google in California

View this form

View Fsbo forms with realtor in Montgomery

View this form

View Fsbo forms with google in Los Angeles

View this form

Form Rating

4.81

Satisfied(442)

Form popularity

FAQ

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.

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 plaintiff may also receive other legal damages along with their personal property. Detinue is similar to replevin, but it is different in a major way. Replevin is based on a wrongful taking by the defendant. In contrast, detinue is based on a wrongful holding or retaining of the property by the defendant.

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.

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.

What happens once I file the replevin? Your case will be set for a hearing to go before a judge. An Order To Show Cause will be issued and served on the defendant, notifying him/her of the action and the date of the hearing. You will also be notified of the hearing date.

More info

If you get behind on your car payments or don't have auto insurance, the loan company can take your car. This is called vehicle repossession.The total processing time for a company application is approximately 4 months provided the application is complete and contains no deficiencies. Regarding your question about whether a repossession company in California can take your car if you don't have the title, here are some key points to consider. The following facts (specify): the verified complaint. A copy of which is attached. While repossession does not involve a formal process in court, replevin consists of getting the court to order the consumer to return the vehicle to the lender. I just heard someone say "If your car is getting repossessed, jump in the car because they can't legally tow it and police can't stop it. If you default on your car loan payments, the lender can take your car back through repossession or replevin. Learn the difference.

Verified Replevin Repossession Application Withdrawn In Los Angeles

Description

Related forms

Show more info

Form Rating

Form popularity

FAQ

What is an example of a replevin?

What is the legal definition of replevin?

What is the difference between replevin and detinue?

How to file for replevin?

How do I file for replevin?

What do you need to prove to win a replevin case?

How does a replevin order work?

How to file a replevin action in California?

What happens after replevin?

More info

Trusted and secure by over 3 million people of the world’s leading companies