What is a complaint in replevin?

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.

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Verified Complaint for Replevin or Repossession

Complaint Replevin Sample For Company In Orange

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Orange

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

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.

File a motion for a writ of replevin. The motion must be accompanied by an affidavit or verified complaint that supports the allegations in your complaint. The affidavit must also state that you will post a replevin bond with the court. The amount of the bond will be set by the court.

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.

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 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.

More info

Plaintiffs in a replevin action must execute several procedures in order to file for an action of replevin in civil court. Court Forms, Free forms are available for those actions that only require the single form to be filed on an existing case.File a motion for a writ of replevin. You will need to draft a complaint in which you detail what personal property you had taken, why you have a right to that property, and how it was taken. Before filing a Written Statement of Complaint, complain directly to the person, firm, or owner of the company that sold you the item or performed the service. Please do not send cash through the mail. An "Affidavit in Support of Emergency. Replevin" must also be filled out at the time you file the complaint. Defendants conducted their business in the County of Orange at the Law Offices of Lenore Albert, located at 15061 Springdale Street, Suite. " The trial court dismissed the replevin complaint and the corporation appeals.

Complaint Replevin Sample For Company In Orange

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