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

Writ Of Replevin Form With Court Order In Palm Beach

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Palm Beach

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

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.

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.

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 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 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.

A writ of replevin was available only for an unlawful taking in the nature of a wrongful distress, where restitution could be made for the goods wrongfully taken (being in the nature of a redelivery of the pledge or the thing taken in distress) with damages for the loss sustained by such action.

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.

Replevin actions involve disputes over ownership or possession of personal property, such as cars, boats, or artwork. The plaintiff must prove that they have a right to possession of the property and that the defendant wrongfully took or is wrongfully detaining the property.

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All Circuit Civil lawsuits and pleadings filed are maintained in the File and Docketing area at the Main Courthouse, on third floor in room 3.2300. The Order to Show Cause must be served on the Defendant at least five days prior to the hearing.The Law Library provides limited forms and packets for free. Forms available for download are below. If you are filing a consumer replevin case, you must draft a complaint and attach it to the Summons. Also review the forms included in the Florida Rules of Civil Procedure, including Form 1.908, 1.916, 1.937, and 1.995. F.S. §78.055 sets forth the allegations which must be contained in a complaint if a party seeks a writ of replevin prior to a final judgment. This provision requires recording of the notice if review of a final trial court order in a civil case is sought. Crum, 262 F.2d 586 (6th Cir. 1958).

Writ Of Replevin Form With Court Order In Palm Beach

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