Writ Of Replevin Form For Louisiana In Wake

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Wake

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

“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.

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.

And while there are exceptions, supervisory writs are generally invoked for interlocutory rulings, while an appeal is the proper mechanism for review of a final judgment. Appellate courts have both appellate jurisdiction and supervisory jurisdiction over cases which arise within its circuit under La. Const. art.

A party in whose favor a judgment of possession has been rendered may obtain from the clerk a writ of possession directing the sheriff to seize and deliver the property to him if it is movable property, or to compel the party in possession to vacate the property by use of force, if necessary, if it is immovable.

Generally, the 5 steps to filing a lawsuit in Louisiana include: Investigate. Gather all relevant evidence. Write the petition for damages. File the petition for damages in the correct court. Serve the petition and summons on the defendant.

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.

After a judgment of possession is rendered by the court, the judge may then issue a writ of execution to begin the transfer of property. The judgment for possession states the plaintiff has a right to the property; the writ of execution actually begins the transfer process from a judgment debtor to a plaintiff.

The notice of intent requests that the trial court judge set a return date, which is the date on or before which the party seeking a supervisory writ must file its application for supervisory writ (La. Unif. R. Ct. App.

More info

Forms in this set include petitions, service information, rules to show cause, motions and instructions for filling out petitions. 6. Suit for Money Owed.A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property. Submitting Civil Suit Forms. You may chose an interactive form to fill out online and print the form. We offer these forms as a convenience and to save individuals a trip to one of our facilities. Posting a bond per Florida Statute 78.068(3) in the amount of twice the value of the goods subject to the writ. If you are filing a consumer replevin case, you must draft a complaint and attach it to the Summons.

Writ Of Replevin Form For Louisiana In Wake

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What is an example of a writ of replevin?

What do you need to prove to win a replevin case?

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What is the difference between a writ and an appeal in Louisiana?

What is a writ of possession in Louisiana?

How to file a lawsuit in Louisiana?

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Is a writ of possession the same as a writ of execution?

What is a notice of intent to file a writ in Louisiana?

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