Replevin For A Cow For Sale In Santa Clara

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Santa Clara

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

Replevin is an action seeking return of personal property wrongfully taken or held by the defendant. In exchange for the personal property, the plaintiff in the action pledges a security and is allowed to hold the property until the case is resolved by the court.

Replevin is one of a group of remedies for conversion, the wrongful taking or withholding of personal property.

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.

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.

Replevin can also refer to a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions). Replevin may be ordered as a final judgment, or in some jurisdictions, as a provisional remedy.

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.

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.

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.

More info

In California, replevin cases are typically filed in the Superior Court of the county where the property is located or where the defendant resides. Plaintiff applies for (check all that apply):.Writ of possession after hearing (Code Civ. A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property. Please complete the enclosed REPLEVIN COMPLAINTform included in this packet and sign it in the presence of a Deputy Clerk or Notary Public. The process of starting a replevin action usually begins with filing a complaint. Form FAQs: How do I know what form to use? How do I tell the Court that my address has changed? Entered according to act of Congress in the office of the Librarian of Congress,. 1,464,108.12 Santa Clara ____ , 3,488,636.72.

Replevin For A Cow For Sale In Santa Clara

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