Replevin Form Document With Court 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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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).

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.

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.

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.

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.

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.

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). 173 - COMPLAINT FOR REPLEVIN.Personnel from the Court Services Bureau can provide information on how to submit a process and the status of a process that has already been submitted. Requirements: Original writ and one conformed copy. —An action for replevin must be brought in a court of competent jurisdiction based on the value of the property sought to be replevied. Writ Of Possession Replevin Action Form. This is a Florida form and can be use in Miami-Dade Local County. Free Florida Miami-Dade Forms ; Execution, August 26, 2015 ; Final Judgment In Replevin (b) In Favor Of Plantiff When Defendant Has Possesssion, August 20, 2015. All checks are to be payable to: Clerk of Court. Please do not send cash through the mail.

Replevin Form Document With Court In Miami-Dade

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