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

Replevin Foreclosure 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 replevin action is a civil matter subject to the rules of civil procedure. When the case gets to court, the lien holder must establish his right to possession of the property, normally through a contract. He will have to show that the borrower breached the contract, usually due to nonpayment.

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.

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.

When filing a replevin suit, the plaintiff must provide evidence that they are the rightful owner of the property in question and that it was taken without justification or consent.

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.

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.

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.

Replevin can also refer to a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions). Replevin may be ordered as a final judgment, or in some jurisdictions, as a provisional remedy.

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Both sides in a replevin suit will have to file a bond. Mr. Folks has more than 30 years of experience in Arizona bankruptcy, foreclosure, collection, litigation and loan restructuring and workout matters.STEP 1: USING BLACK INK ONLY, Fill out the "Civil Cover Sheet. " ▫ Write in "Maricopa" as the county. You typically file a complaint asking for return of the property and also file an affidavit that you are entitled to possession. The Debtor has two days after execution of the replevin order to post a redelivery bond and have the property returned to him. The officer is only allowed, when completing a Writ of Execution, to seize an amount of property sufficient to satisfy the judgment. Reasonable care must be. The legal remedy of Replevin is best used when the secured creditor cannot repossess the collateral without breaching the peace. Repossession and foreclosure are both processes that a creditor uses to reclaim property you put up as collateral for a loan, the procedures are different.

Replevin Foreclosure In Phoenix

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