Writ Of Replevin Form With Attorney In Pennsylvania

Category:

Civil Actions - Replevin

State:

Multi-State

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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When you file your Complaint for Writ if Replevin, a hearing will be scheduled and the court will issue a notice for service upon the defendant. The hearing will be between 10 and 20 days from the date that the court issues the notice to the defendant.

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).

An action of replevin shall be commenced by filing a complaint with the prothonotary. The provisions of this Rule 1073 adopted June 23, 1975, effective October 1, 1975, 5 Pa. B. 1824.

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.

Under Pennsylvania law, replevin actions have a two-year statute of limitations.

If the value of the property is greater than $25,000 then the Complaint must be filed in the Superior Court. If the value of the property is $25,000 or less, the filer may actually file in either the Circuit Court or the Superior Court.

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The procedure in the action of replevin from the commencement to the entry of judgment shall be in accordance with the rules relating to a civil action. The writ must be prepared and served in accordance with the Pennsylvania Rules of Civil Procedure.This is my order for replevin. Can someone please show me the writ of replevin documentation I CAN fill out. Attorney for. Replevin. Form of Writ of Summons. Praecipe for Writ of Possession upon a Confessed Judgment, PDF ; Praecipe for Writ of Revival, PDF ; Praecipe for Writ to Join Additional Defendants, PDF. It also requires filing an affidavit in the county or district court where the property is. The moving party must also post a bond with the Court of double the value of the property at issue. (1) Plaintiff has commenced an action of replevin and has filed a motion for seizure of the property described in the complaint.

Writ Of Replevin Form With Attorney In Pennsylvania

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