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.
Replevin With Damages In San Diego
Category:
State:
Multi-State
County:
San Diego
Control #:
US-000265
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
An individual, which includes a sole proprietorship, may file a claim up to a maximum of $12,500. Only the actual party to the claim may file. You must represent yourself at the small claims hearing. Attorneys or others are not permitted to represent a party in small claims court.
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.
Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.
Procedure for Obtaining, in Court, a Writ of Replevin The filing of a complaint begins a replevin action. As in other civil actions, the defendant is brought into Court by the service of the summons and the complaint. If the plaintiff establishes the cause of action, the Court must enter an Order granting possession.
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.
Replevin, a form of lawsuit in common-law countries, such as England, Commonwealth countries, and the United States, for return of personal property wrongfully taken and for compensation for resulting loss. Replevin is one of the oldest legal actions, dating to the 14th century. It is now called “claim and delivery.”
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.
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 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.
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.
More info
Small Claims Court is a special court where individuals, representing themselves, resolve disputes quickly and inexpensively in an informal setting. In California, replevin cases are typically filed in the Superior Court of the county where the property is located or where the defendant resides.Appeals. Application for Extension of Time. Appeals. Application to File Oversized Brief. Appeals. Property damage claims require an estimate and photographs of the damage. This guide will provide you with stepbystep instructions on how to start a civil lawsuit and how to serve the documents to the defendant(s). Please complete and sign Claim Form CD-1. The process of starting a replevin action usually begins with filing a complaint. Ry. Co., 72 S. WM. I033 (Tex. Civ. App. I903). Of San Diego, 658 F.3d 867, 871 (9th Cir.