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 Repossession For Sale In Santa Clara
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State:
Multi-State
County:
Santa Clara
Control #:
US-000265
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Word;
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FAQ
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 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.
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.
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.
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.
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.
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.
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Geraci's Litigation team is fully prepared to represent you in replevin cases. At the start of a lawsuit, seized goods are returned to their rightful owner.In California, replevin cases are typically filed in the Superior Court of the county where the property is located or where the defendant resides. A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property. Plaintiff applies for (check all that apply):. Writ of possession after hearing (Code Civ. 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. In a replevin case, the Plaintiff claims a right to personal property. I am involved in a replevin case where the plaintiff has submitted a list of assets which he states he is the owner. This document directs the defendant to return the property to the rightful owner.