Complaint Replevin Form With Two Points In Miami-Dade

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Miami-Dade

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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Legal disputes over ownership or possession of personal property often lead to replevin actions, including the following: Breach of contract: A party may file a replevin action if the other party breaches a contract and wrongfully takes or detains personal property that was the subject of the contract.

To initiate the replevin action, creditors must attach proof of a bill of sale, property title, debt agreement, etc. to a complaint filed with the clerk of court. This filing will include a replevin summons, as well as filing the original documents with the court as well.

78.01 Right of replevin. —Any person whose personal property is wrongfully detained by any other person or officer may have a writ of replevin to recover said personal property and any damages sustained by reason of the wrongful taking or detention as herein provided.

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.

For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments. 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 is used when the party having the right of property cannot simply invoke self-help and take the property back. If the party has the ability to do so directly, the action is referred to as repossession.

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.

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The Plaintiff(s). sues. Defendant(s). All actions may be filed at the Miami-Dade County Courthouse or at district court locations.Complaint used when the case stems from an auto accident. COMPLAINT - The replevin complaint form should be typed or printed. 173 - COMPLAINT FOR REPLEVIN. Two copies of the summonses will be returned to the plaintiff together with the copies of the complaint to be served. 5B. How to file a complaint. To file a formal consumer complaint, complete the below affidavit and save a copy of your completed affidavit for your records. Please include your name and case number in the subject line. The plaintiff must provide labor and equipment necessary to complete the replevin.

Complaint Replevin Form With Two Points In Miami-Dade

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