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 Car In Santa Clara
Category:
State:
Multi-State
County:
Santa Clara
Control #:
US-000265
Format:
Word;
Rich Text
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FAQ
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.
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.
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.
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.
More info
While repossession does not involve a formal process in court, replevin consists of getting the court to order the consumer to return the vehicle to the lender. It is a lawsuit for breach of contract, combined with prejudgment remedies seeking recovery of your collateral.In California, replevin cases are typically filed in the Superior Court of the county where the property is located or where the defendant resides. Geraci LLP's Litigation team is fully equipped to represent you in replevin cases. The process of starting a replevin action usually begins with filing a complaint. The answer to your question is yes. The writ is a court order that allows a law enforcement officer to recover personal property from a person. Plaintiff applies for (check all that apply):. Writ of possession after hearing (Code Civ. Look specifically for the "Complaint for Replevin" form and the accompanying summons form.