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.
Writ Of Replevin Form With 2 Points In Phoenix
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State:
Multi-State
City:
Phoenix
Control #:
US-000265
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Word;
Rich Text
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FAQ
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.
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.
“Replevin” is a process whereby seized goods may be restored to their owner. In a replevin case, the Plaintiff claims a right to personal property (as opposed to real property/real estate) which has been wrongfully taken or detained by the defendant and seeks to recover that personal property.
When efforts to repossess fail, a lien holder should seriously consider seeking a court order for replevin. 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.
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.
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).
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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This guide can give you a place to start your research when you have won a monetary judgment against another party in Superior or Justice court. STEP 1: USING BLACK INK ONLY, Fill out the "Civil Cover Sheet." â–« Write in "Maricopa" as the county. The legal remedy of Replevin is best used when the secured creditor cannot repossess the collateral without breaching the peace. An overview of the procedure and relevant time frames in connection with obtaining judgment in Arizona to collect a debt. 2. Fill out a Small Claims Summons and Complaint form or Summons for Consumer Replevin form. A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property. Attached are the forms you need to file to begin an action for replevin. A lien holder will go to court and obtain a court order for repossession. This order, called a Writ of Replevin, allows for recovery of the vehicle in question.