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.
Replevin Form Document For California In Middlesex
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State:
Multi-State
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Middlesex
Control #:
US-000265
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Word;
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Replevin, a form of lawsuit in common-law countries, such as England, Commonwealth countries, and the United States, for return of personal property wrongfully taken and for compensation for resulting loss. Replevin is one of the oldest legal actions, dating to the 14th century. It is now called “claim and delivery.”
What Is the Replevin Law in California? Also called claim and delivery, the replevin law grants you the right to reclaim personal property that someone else has wrongfully taken or detained.
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.
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.
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.
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.
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).
Application For Writ of Possession (CD-100) Tells a party being sued (the defendant) that the party who is suing (the plaintiff) is asking the court for a writ of possession (an order telling the sheriff to take and hold property that the plaintiff claims is theirs but that the defendant is wrongly keeping).
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.
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"Replevin" means an action for recovering goods wrongfully taken or detained. (File Application for Temporary Restraining Order, form CD-190.) a written document,.We can provide you with guidance on how to fill out forms. • We can usually answer questions about court deadlines. To submit this form, visit your local court's Clerk's office, where you'll provide the completed forms and pay any applicable fees. Fill out the forms accurately with details about yourself, the defendant, and the property in question. No special form is required; a handwritten letter will do. The plaintiff then commenced this action in the Superior Court on March 20, 2019. " California Architectural Bldg. —Coucy gave its name to the sires de Coucy, a feudal house famous in the history of France.