Writ Of Replevin Form With Two Points 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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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.

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.

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.

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.

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

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.

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The writ must be prepared and served in accordance with the Pennsylvania Rules of Civil Procedure. TO THE SHERIFF OF PHILADELPHIA COUNTY: 1) You are directed to seize the property specifically described as follows: .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. By: Craig H. O'Neill. Construction and Surety Alert. 10.25.21. Share. Once you have filled out the appropriate form, you should make at least two copies for each party you are suing and a copy for yourself. 3. (1979) Two Massachusetts statutes govern actions to recover goods or chattels: G.L. c. Arbeiter Zeitung points out that Count. Have all forms filled out (and the Affidavit notarized). The staff at the courthouse cannot help you fill out the forms. 2.

Writ Of Replevin Form With Two Points In Philadelphia

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