Replevin With Damages Meaning 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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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.

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).

California's Replevin Law enables state and local government agencies to recover public records that are being held unlawfully and makes it illegal for private parties to possess state or local government records.

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.

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.

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Is a legal remedy which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses. Replevin is the common law cause of action for recovering personal property wrongfully withheld from its rightful owner.The Replevin remedy is to get the property back into your possession. In a replevin case, the. Village of San Jose, 284 F.3d at 791. The. In California, replevin cases are typically filed in the Superior Court of the county where the property is located or where the defendant resides. Blendtec filed a counterclaim, asserting that the parts were defective. Please Print or type information. Blendtec filed a counterclaim, asserting that the parts were defective. The bulk of the collection consists of the legal files of Merrill's and James' private practice in Las Vegas.

Replevin With Damages Meaning In San Jose

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