What is replevin in Florida Rules of civil Procedure?

The Replevin action is used for resolving civil disputes involving personal property valued up to $15,000.00 (excluding court costs, interest and/or attorney's fees, if applicable). This process allows for an individual to recover property which another person refuses to return.

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Verified Complaint for Replevin or Repossession

Replevin With Damages Meaning In Miami-Dade

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Miami-Dade

Control #:

US-000265

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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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FAQ

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.

Replevin actions involve disputes over ownership or possession of personal property, such as cars, boats, or artwork. The plaintiff must prove that they have a right to possession of the property and that the defendant wrongfully took or is wrongfully detaining the property.

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.

After a claim or defense is determined to be maintainable on behalf of a class under subdivision (d), the claim or defense shall not be voluntarily withdrawn, dismissed, or compromised without approval of the court after notice and hearing.

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.

The Replevin action is used for resolving civil disputes involving personal property valued up to $15,000.00 (excluding court costs, interest and/or attorney's fees, if applicable). This process allows for an individual to recover property which another person refuses to return.

Rule 1.431 - TRIAL JURY (a) Questionnaire. (1) The circuit court may direct the authority charged by law with the selection of prospective jurors to furnish each prospective juror with a questionnaire in the form approved by the supreme court from time to time to assist the authority in selecting prospective jurors.

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.

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When goods are taken from or returned to the defendant, and they win the case, they can sue the plaintiff for damages, attorney fees, and costs. Replevin is a legal term meaning "repossession" or "taking again.It is a legal tool used to recover personal property. This tool requires the return of the property and damages for the loss of use. Replevin is the procedure where any person may recover personal property that is wrongfully. —An action for replevin must be brought in a court of competent jurisdiction based on the value of the property sought to be replevied. This form applies when the plaintiff has recovered possession under a writ of replevin and prevailed on the merits. The plaintiff must provide labor and equipment necessary to complete the replevin. Read Form 1.937 - REPLEVIN, Fl. R. Civ. P. form 1.937, see flags on bad law, and search Casetext's comprehensive legal database.

Replevin With Damages Meaning In Miami-Dade

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