Replevin File With Illinois In Utah

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.

To obtain a writ of replevin, attachment or garnishment before judgment, plaintiff shall file a motion, security as ordered by the court and an affidavit stating facts showing the grounds for relief and other information required by these rules.

“Replevin” is a process whereby seized goods may be restored to their owner. In a replevin case, the Plaintiff claims a right to personal property (as opposed to real property/real estate) which has been wrongfully taken or detained by the defendant and seeks to recover that personal property.

A writ of replevin is available to compel delivery to the plaintiff of specific personal property held by the defendant. (b)(2) that the defendant wrongfully detains the property.

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.

An action of replevin shall be commenced by the filing of a verified complaint which describes the property to be replevied and states that the plaintiff in such action is the owner of the property so described, or that he or she is then lawfully entitled to the possession thereof, and that the property is wrongfully ...

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.

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).

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This complaint will describe the property that is being repossessed. A writ of replevin, attachment or garnishment is available after the claim has been filed and before judgment only upon written order of the court.Replevin is a provisional remedy that is usually ordered before a judgment. Re: How I Obtain A Writ of Assistance or Replevin. The best solution may be to lodge your judgment in Utah, then proceed in the local courts. In California, replevin cases are typically filed in the Superior Court of the county where the property is located or where the defendant resides. Please note: As of January 1, 2018, the State of Illinois has mandated that all civil filings must be filed electronically in all counties in Illinois. If you are involved in a legal dispute over property, an official from the court will inform you when you need a bond and in what amount. Fill out our online application form. Get Approved Instantly.

Replevin File With Illinois In Utah

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