Replevin For Vehicle In Phoenix

Category:

Civil Actions - Replevin

State:

Multi-State

City:

Phoenix

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

A consumer who defaults on a vehicle loan usually faces the repossession of the vehicle, but sometimes a lender will use replevin as an alternative. While repossession does not involve a formal process in court, replevin consists of getting the court to order the consumer to return the vehicle to the lender.

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.

Creditors in Arizona are not required to send a pre-repossession notice before they conduct a repossession. However, the consumer must be in default and they must have a valid security interest in the vehicle in order for the repossession to be lawful.

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.

You will not go to jail. You have 21 days to respond to the complaint. However, the 21 days on the clock do not start to run until you are actually served with the summons by the process server.

What Happens If the Repo Agent Doesn't Find Your Car? But if you make it hard for the repo agent to get it, then the creditor may use another method to get the car back, called "replevin." Replevin can be just as costly as a repossession, if not more so.

The purpose of the writ of replevin is to allow a creditor to legally retrieve property that secures a debt. Replevin actions in Arizona are governed by Title 12 of the Arizona Revised Statutes.

More info

You can gather this information from the Clerk of Court for the County in which the property is now located. Centrally located in Phoenix, Arizona, Seidberg Law can help recover delinquent debts from debtors throughout Arizona.Proof of lienholder interest (i.e. Certificate of Title). Remember, a replevin is only a remedy for recovering personal property. A replevin is not used to recover real property. 2. This is a link to AZ information on replevin. A replevin action is an alternative to repossession in the case of a secured interest in property. Why File Small Claims? You typically file a complaint asking for return of the property and also file an affidavit that you are entitled to possession.

Replevin For Vehicle In Phoenix

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FAQ

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