What is a writ of replevin in California?

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

Writ Of Replevin Form With Attorney 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 Affidavit template for immigration in Utah

View this form

View Affidavit template for immigration in Salt Lake

View this form

View Affidavit template for immigration in Virginia

View this form

View Affidavit template for immigration in Fairfax

View this form

View Affidavit template for immigration in North Carolina

View this form

Affidavit of Heirship for the Owner of the...

View this form

Form Rating

4.81

Satisfied(442)

Form popularity

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.

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.

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.

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.

File a motion for a writ of replevin. The motion must be accompanied by an affidavit or verified complaint that supports the allegations in your complaint. The affidavit must also state that you will post a replevin bond with the court. The amount of the bond will be set by the court.

When filing a replevin suit, the plaintiff must provide evidence that they are the rightful owner of the property in question and that it was taken without justification or consent.

More info

In California, replevin cases are typically filed in the Superior Court of the county where the property is located or where the defendant resides. Many of these forms are fillable.What are the steps to file a replevin action in CA? Is is straight forward enough in CA to do without a lawyer? Fill out the caption - the name, address, phone number, court's address, parties, and case number at the top of the form. Yes, as long as a claim for money is also part of the small claims lawsuit. A writ of replevin is a court order directing the borrower, or anyone in possession of your collateral, to turn the collateral over to local law enforcement. Name the county where the Writ is to be ENFORCED; this is not always the same county where the judgment was entered. Please do not send cash through the mail. A writ of possession is issued as a provisional remedy in a cause of action for claim and delivery, also known as replevin.

Writ Of Replevin Form With Attorney In Los Angeles

Description

Related forms

Viewed forms

Show more info

Form Rating

Form popularity

FAQ

Where do I file a writ of Replevin?

What is a writ of replevin in California?

How to file a replevin action in NYS?

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

What is the remedy of replevin?

How to get a writ of replevin?

How to win a replevin action?

What are the elements of a replevin action?

More info

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