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.
Writ Of Replevin Form With Attorney In Los Angeles
Category:
State:
Multi-State
County:
Los Angeles
Control #:
US-000265
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Word;
Rich Text
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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.
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.
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.
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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. 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.