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.

What is a writ of replevin in California?

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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1200 Civil Action Forms
Verified Complaint for Replevin or Repossession

Replevin Form Document For California In Queens

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Queens

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

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.

In its simplest terms, replevin is a procedure whereby seized goods are restored to their owner (creditor) at the beginning of a lawsuit. If you ever find yourself in the unfortunate position of needing to retrieve vehicles, equipment, or any personal property in California, the replevin is a very useful tool.

What Is the Replevin Law in California? Also called claim and delivery, the replevin law grants you the right to reclaim personal property that someone else has wrongfully taken or detained.

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.

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.

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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Alongside your complaint, you must apply for a writ of possession, which is a crucial component of a replevin action. (File Application for Temporary Restraining Order, form CD-190.) a written document,.Search for statewide Judicial Council forms. Find your county court to get local forms. The forms can be filled in on the computer. In California, replevin cases are typically filed in the Superior Court of the county where the property is located or where the defendant resides. To submit this form, visit your local court's Clerk's office, where you'll provide the completed forms and pay any applicable fees. Fill out the forms accurately with details about yourself, the defendant, and the property in question. The court has placed the most commonly used forms on line as a resource. Please be advised that the forms detailed below are intended to be a guide.

Replevin Form Document For California In Queens

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