Complaint Replevin Form With Attorney In San Jose

State:
Multi-State
City:
San Jose
Control #:
US-000265
Format:
Word; 
Rich Text
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

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 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.

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).

A complaint is the pleading that starts a case. Essentially, a document that sets forth a jurisdictional basis for the court's power, the plaintiff's cause of action, and a demand for judicial relief. A plaintiff starts a civil action by filing a pleading called a complaint.

Replevin (/rɪˈplɛvɪn/) or claim and delivery (sometimes called revendication) is a legal remedy which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses.

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.

You can file a complaint against an attorney with the California Bar Association. Here is the link: for the court date in December, and asking for a new attorney, you are able to do that.

You can file a complaint against an attorney with the California Bar Association. Here is the link: for the court date in December, and asking for a new attorney, you are able to do that.

More info

This page will focus on the Answer form. Filing an Answer to the Complaint forces the other side to prove their case with evidence.In California, replevin cases are typically filed in the Superior Court of the county where the property is located or where the defendant resides. File the Summons and Complaint forms. Once you fill out your forms, you need to file them with the court and pay a filing fee. Fill out the forms accurately with details about yourself, the defendant, and the property in question. The claim form is designed to get you to fill in the obvious blanksyour name and address, the person's name and address you are suing. File a complaint form about a transaction with a business, District Attorney forms, Restitution forms, Quick links, Brochures, Other publications. Fill out the form or call us at to schedule your free consultation.

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Complaint Replevin Form With Attorney In San Jose