What is a writ of replevin in California?

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

Writ Of Replevin Form With Attorney 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 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.

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.

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.

In its simplest terms, replevin is a procedure whereby seized goods are restored to their owner (creditor) at the beginning of a lawsuit. If you ever find yourself in the unfortunate position of needing to retrieve vehicles, equipment, or any personal property in California, the replevin is a very useful tool.

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.

When you file a replevin action in California, you are taking legal action to record your personal property. You will need to draft a complaint in which you detail what personal property you had taken, why you have a right to that property, and how it was taken.

File a motion for a writ of replevin. The motion must be accompanied by an affidavit or verified complaint that supports the allegations in your complaint. The affidavit must also state that you will post a replevin bond with the court. The amount of the bond will be set by the court.

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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. On this page below is a list of LOCAL forms that can be completed online and then printed.The form you need may be in this list. What are the steps to file a replevin action in CA? Is is straight forward enough in CA to do without a lawyer? Fill out the form or call us at (408) 333-9192 to schedule your free consultation. This is my order for replevin. Can someone please show me the writ of replevin documentation I CAN fill out. Land, to fill the vacancy in the Committee on State Prison. St. Louis, Mo. President, Lawyers Title Company of Missouri. Vice-Chairman--P.

Writ Of Replevin Form With Attorney In San Jose

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