Is replevin an action to recover possession of goods wrongfully held?

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

Complaint Replevin Sample Without Notice Period In Sacramento

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Sacramento

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.

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.

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.

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.

Replevin is the common law cause of action for recovering personal property wrongfully withheld from its rightful owner. This is more commonly associated with personal chattels. Chattels are personal possessions. It's important to understand the potential applications of replevin in a broad range of scenarios.

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.

More info

In California, replevin cases are typically filed in the Superior Court of the county where the property is located or where the defendant resides. Attachment 4 - AFFIRMATIVE DEFENSES.Check boxes that apply to your case and complete appropriate text boxes. Fill out the forms accurately with details about yourself, the defendant, and the property in question. This guide includes steps and forms required to file a civil lawsuit in Sacramento Superior Court. The Circuit Court has a form for the Complaint for a Writ of Replevin. Original Notice and Petition for Replevin (eForm 3.5). 1. Case opinion for CA Supreme Court RANDONE v. F.S. §78.055 sets forth the allegations which must be contained in a complaint if a party seeks a writ of replevin prior to a final judgment. Criminal case files appealed to the Wyoming Supreme Court.

Complaint Replevin Sample Without Notice Period In Sacramento

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