Writ Of Replevin Form With Court Order 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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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.

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 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.

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.

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.

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

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.

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The writ of seizure shall be issued only upon an order of court entered upon notice and hearing pursuant to Rule 1075.1 or ex parte pursuant to Rule 1075.2. Attorney for. Replevin.The writ must be prepared and served in accordance with the Pennsylvania Rules of Civil Procedure. Praecipe for Writ of Possession upon a Confessed Judgment, PDF ; Praecipe for Writ of Revival, PDF ; Praecipe for Writ to Join Additional Defendants, PDF. Included on this page are forms for filing civil complaints, private criminal complaints and notices of settlement when cases are privately resolved. Form of Writ of Summons. The writ of summons shall be directed to the defendant and shall be substantially in the following form: Commonwealth of Pennsylvania The plaintiff may move for the issuance of a writ of seizure whether or not the complaint has been served. The court shall fix the date and time of the hearing. It may be filed only in a Pennsylvania magisterial district court and not in the Philadelphia Municipal Court.

Writ Of Replevin Form With Court Order In Pennsylvania

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