Replevin Form Document For California In Michigan

Category:

Civil Actions - Replevin

State:

Multi-State

Control #:

US-000265

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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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Rule 3.105 - Claim and Delivery (A) Nature of Action; Replevin. Claim and delivery is a civil action to recover (1) possession of goods or chattels which have been unlawfully taken or unlawfully detained, and (2) damages sustained by the unlawful taking or unlawful detention.

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.

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 certificate must state the name of the person or persons served, the date of service, the method of service, and the mailing address or email address to which service was made, if not made in person.

Creditors use replevin actions to recover collateral when debtors default on secured loans. For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments.

California's Replevin Law enables state and local government agencies to recover public records that are being held unlawfully and makes it illegal for private parties to possess state or local government records.

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SCAO-Approved Forms for Use in Claim and Delivery. In California, replevin cases are typically filed in the Superior Court of the county where the property is located or where the defendant resides.Michigan Legal Help has tools to fill many kinds of forms but we do not cover all areas. You may have a blank form that you need to fill out on your own. The process of starting a replevin action usually begins with filing a complaint. 1. Form Adopted for Mandatory Use. Judicial Council of California. A writ of possession may be issued ex parte pursuant to this subdivision if probable cause appears that any of the following conditions exists. A replevin action can be filed either in Municipal Court, County Court, or Common Pleas Court. This document contains the Federal Rules of Civil Procedure to- gether with forms, as amended to December 1, 2014.

Replevin Form Document For California In Michigan

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What is a replevin action in Michigan?

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