What is an order of replevin in Florida?

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 Form Document For Florida In New York

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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FAQ

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 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.

(3) The buyer has a right of replevin for goods identified to the contract if after reasonable effort he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in ...

Procedure for Obtaining, in Court, a Writ of Replevin The filing of a complaint begins a replevin action. As in other civil actions, the defendant is brought into Court by the service of the summons and the complaint. If the plaintiff establishes the cause of action, the Court must enter an Order granting possession.

The writ of replevin must be directed to the sheriff, or other officer authorized by law, of the county where the chattels are located. The write of replevin must describe the chattels with specificity.

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.

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.

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.

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).

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The court has placed the most commonly used forms on line as a resource. Please be advised that the forms detailed below are intended to be a guide.This form is used in the County Court of Marion County, Florida. When you are finished, you can print your completed form. This form is used in the County Court of Marion County, Florida. Handling documents with our feature-rich and intuitive PDF editor is simple. It also requires filing an affidavit in the county or district court where the property is. If successful, you will get your personal property back—even if it was sold or transferred out of state! See simple instructions to look up your cases and see how much you owe. Our Document Center provides access to a variety of forms and documents that may be needed in your business with the courts.

Replevin Form Document For Florida In New York

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