How does a writ of replevin work?

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.

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Verified Complaint for Replevin or Repossession

Writ Of Replevin Form With Two Points 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

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.

(a) Motion. To enforce a court order or to obtain a sanctions order for violation of an order, including in supplemental proceedings under Rule 64, a party must file an ex parte motion to enforce order and for sanctions (if requested), pursuant to this rule and Rule 7.

Order XLVII, rule 7(1) provides that any order granting an application for review may be objected to on the ground that the application was in contravention of the provisions of rule 4, or after the expiration of the period of limitation and without sufficient cause.

(a) Pleadings. Only these pleadings are allowed: (1) a complaint; (2) an answer to a complaint; (3) an answer to a counterclaim designated as a counterclaim; (4) an answer to a crossclaim; (5) a third-party complaint; (6) an answer to a third-party complaint; and (7) if the court orders one, a reply to an answer.

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.

(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.

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).

More info

Learn more about how to to serve civil papers relating to judicial actions filed with the court in Salt Lake County. – Writ of Assistance.– Writ of Replevin. A civil case begins in one of two ways: (1) the filing of complaint with the court, or (2) the delivery of copy of a complaint and a summons to the party. Some of the following forms are available in PDF and Word. Some of the PDF forms can be easily filled out and printed. The writ must be served with a Notice of Execution, Exemptions and Right to a Hearing form, and two (2) Requests for Hearing, each enclosed within this packet. Utah Law Applicable to Writs of Replevin and Auto Deficiencies. (b) Motion; affidavit. Once you have filled out the appropriate form, you should make at least two copies for each party you are suing and a copy for yourself. 3.

Writ Of Replevin Form With Two Points In Utah

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