Replevin Form Document Format 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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FAQ

Superior Court of Alameda County.

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.

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.

California Judicial Council Forms are pre approved pleadings for filing with the Court.

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.

Re·plev·in ri-ˈple-vən. : an action originating in common law and now largely codified by which a plaintiff having a right in personal property claimed to be wrongfully taken or detained by the defendant seeks to recover possession of the property and sometimes to obtain damages for the wrongful detention.

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.

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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If you use a pen, use blue or black ink and print clearly. 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. Most Court documents are provided as PDF files. To view or print these files you need the free Adobe Acrobat Reader or other PDF reader. Attached are the forms you need to file to begin an action for replevin. These forms must be filled out and submitted to the Clerk of the Court together. If you are not suing as an individual, you must obtain a Form 50 from the. Court and file this, along with the required filing fee with the Chief Magistrate. Filing a replevin or detinue requires four steps: 1.

Replevin Form Document Format In Oakland

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