Replevin With Damages In Texas

Category:

Civil Actions - Replevin

State:

Multi-State

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

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.

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.

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.

You will not go to jail. You have 21 days to respond to the complaint. However, the 21 days on the clock do not start to run until you are actually served with the summons by the process server.

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.

Replevin, a legal remedy in Texas, is designed to help individuals recover personal property unlawfully held by another party. This action is particularly relevant for ex-partners, as Texas family law primarily addresses property division within the context of divorce.

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Typically, if a trial is necessary to determine the amount of special damages, if any, the trial will be a bench trial rather than a jury trial. The process of starting a replevin action usually begins with filing a complaint.It is a lawsuit for breach of contract, combined with prejudgment remedies seeking recovery of your collateral. The buyer has a right of replevin for goods identified to the contract if after reasonable effort he is unable to effect cover for such goods. Texas Property Code - PROP § 54.007. Judgment on Replevin Bond. A Writ of Replevin must be used if the debtor is uncooperative in returning personal property. If it is evidence there is no legal obligation to return it. The Justice of the Peace must collect fees for the filing of a Petition in the Justice Court. In a replevin action, the plaintiff seeks the return of property, not money damages.

Replevin With Damages In Texas

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