Replevin With Damages In San Jose

Category:

Civil Actions - Replevin

State:

Multi-State

City:

San Jose

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 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.

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.

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.

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.

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In California, replevin cases are typically filed in the Superior Court of the county where the property is located or where the defendant resides. Typically, if a trial is necessary to determine the amount of special damages, if any, the trial will be a bench trial rather than a jury trial.In a replevin action, the plaintiff seeks the return of property, not money damages. It is a lawsuit for breach of contract, combined with prejudgment remedies seeking recovery of your collateral. You may be able to file an incident report online, and once it has been processed, receive a Police Report that can be used for insurance purposes. St. Augustine, October 18, 1850. You agree to follow up your call with notice in writing to us at: Technology Credit Union, PO Box 1409, San Jose, CA 951091409. Jose Madrid, claim for damages, knife fight. On the strength of this promise, the ex-wife failed to file a judgment lien in the personal injury action. Get a warranty deed and fill it out for a supposed sale.

Replevin With Damages In San Jose

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