How does a replevin order work?

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 Without Notice Period In Philadelphia

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Philadelphia

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. The affidavit: States that the plaintiff claims rightful ownership or entitlement to possession of the property.

An action for replevin is brought by filing a Complaint in the appropriate County. After the filing of the Complaint in replevin, in order to take immediate possession of the property, the party seeking the property can seek a writ of seizure from the Court.

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.

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

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.

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.

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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. If you are seeking the return of an item of personal property, check the box in the "Miscellaneous" section for "Replevin". 4.Fill out a Monitoring Notice. a. 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. (1) Plaintiff has commenced an action of replevin and has filed a motion for seizure of the property described in the complaint. The following Ejectment Complaint Packet (Philadelphia) is available at courts.phila. The term does not include a complaint as set forth in Pa.R.C.P. No. 1017. An "abandoned vehicle" in the context of private property is defined under. Civil No. Defendant.

Complaint Replevin Sample Without Notice Period In Philadelphia

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