Replevin For Property 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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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.

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.

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.

Prepare a New Deed: Draft a grant deed transferring the property to “John Doe, as Trustee of The John Doe Living Trust, dated January 1, 2024.” Notarize the Deed: Sign the new deed before a notary public. Record the Deed: Submit the notarized deed to the Santa Clara County Recorder's Office along with a PCOR.

The Documentary Transfer Tax is due on all changes of ownership unless an applicable statutory tax exemption is cited. It is computed at a rate of $. 55 per $500 or fractional portion of real property value, excluding any liens or encumbrances already of record.

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.

To initiate the replevin action, creditors must attach proof of a bill of sale, property title, debt agreement, etc. to a complaint filed with the clerk of court. This filing will include a replevin summons, as well as filing the original documents with the court as well.

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A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property. 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. If you click on the form number in the first column you must print it to fill it out. Second, replevin is a common law remedy that permits the prevailing party to recover both personal property and incidental damages from an unlawful possessor. Since the debtor allegedly had not completed payment and the creditor had a financial interest in the attached property, the balance was arguably in his favor. Raugh- ley; action of replevin growing out of a distress for rent. Battle at Guantanamo. Property Collateral. Chapter 50 - Estrays and Lost Property.

Replevin For Property In Santa Clara

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