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.
Writ Of Replevin Form For Florida In Travis
Category:
State:
Multi-State
County:
Travis
Control #:
US-000265
Format:
Word;
Rich Text
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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.
The Replevin action is used for resolving civil disputes involving personal property valued up to $15,000.00 (excluding court costs, interest and/or attorney's fees, if applicable). This process allows for an individual to recover property which another person refuses to return.
The process involves: Filing a Complaint: The plaintiff must file a detailed complaint, specifying the property and asserting their ownership or right to possession. Notice and Hearing: The defendant is given notice, and a hearing is scheduled. The plaintiff must prove their claim to the property.
To file a complaint for replevin, you must first prepare a summons (notice to appear in court) and include a complete and accurate description of the property sought. You will also need to attach proof of a bill of sale, title to the property, and photographs of the property.
Replevin actions involve disputes over ownership or possession of personal property, such as cars, boats, or artwork. The plaintiff must prove that they have a right to possession of the property and that the defendant wrongfully took or is wrongfully detaining the property.
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.
For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments. Replevin can also refer to a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions).
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
The State of Florida: To Each Sheriff of the State: YOU ARE COMMANDED to replevy the goods and chattels in possession of the defendant. The process involves filling out forms and gathering supporting documents.Here is how to file a writ: Step 1: Determine if you are eligible to file. Your hearing date will be set at least sixty (60) days out from the date of filing your case. Form 1.937 - REPLEVIN. COMPLAINT. Plaintiff, A. B., sues defendant, C. D., and alleges: 1. The plaintiff shall fill in the style of the case, except for the civil action file number, and the garnishment court information on such notice and claim form. The issue this case presented for the Mississippi Supreme Court centered on release language in a settlement agreement. Replevin. In some cases in which money alone was involved in the transaction, the form of the action was for money had and received. Travis L. Kreiser. (_).