Replevin Action For Pets In Oakland

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Oakland

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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If your dog has been taken wrongfully, perhaps by a family member, or ex non-marital partner, it is possible to use the property status of your animal to obtain a judgment. Replevin is an effective civil remedy to get your dog back.

General Information: “Replevin” is a process whereby seized goods may be restored to their owner. In a replevin case, the Plaintiff claims a right to personal property (as opposed to real property/real estate) which has been wrongfully taken or detained by the defendant and seeks to recover that personal property.

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.

Replevin actions are common and fall into two types of action: if immediate possession of the property is sought and if the party filing the action is content to wait for an adjudication of final rights.

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.

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.

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.

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File the Complaint: File the replevin complaint with the appropriate court. If you are seeking immediate return of your dog, a bond is required at double the value, to protect the defending party against wrongful action.Emergency replevin actions are filed in district court, not small claims court. An attorney will help you present your strongest case. Basically, replevin is a term used to describe suing for the return of property, which is known as "chattel. " Pets generally fall into the "chattel" category. You must be 18 yrs old or older, and be the legal owner and a resident of Oakland, to surrender your pet. Complete Pet Profile Questionnaire. Under replevin actions. The bill dealing with home improvement frauds contem- plates a complete study of that entire matter.

Replevin Action For Pets In Oakland

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