Florida Small Claims Replevin Packet

State:
Florida
Control #:
FL-SKU-1007
Format:
PDF
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Description

Small Claims Replevin Packet

Florida Small Claims Repletion Packet is a legal document that allows a person or business to reclaim personal property without having to go to court. This packet provides the necessary paperwork to enable the reclaiming of the personal property. There are two types of Florida Small Claims Repletion Packets: One-Party and Two-Party. The One-Party Florida Small Claims Repletion Packet is designed for situations where the claimant (person or business who is reclaiming the property) is seeking to reclaim the property from the defendant (person who is wrongfully withholding the property). This packet includes the Complaint for Repletion form, which outlines the facts of the case, as well as the instructions and information needed to file the claim. The Two-Party Florida Small Claims Repletion Packet is used when both the claimant and defendant are present and agree to a settlement. This packet includes the Consent to Repletion Agreement form, which outlines the agreement between both parties, and the instructions and information needed to file the claim. The filing of a Florida Small Claims Repletion Packet can help to avoid the time and cost associated with a lengthy trial.

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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.

Basic steps for getting a Writ of Replevin. Prepare a Complaint for Replevin.Prepare Replevin Summons (Notice to Appear in Court). File the original documents with the court. Serve copies of each document on the defendant(s). If the defendant does not respond within 20 days, file for a default.

Ans. Replevin principle is considered as a legal remedy because it is a legal action that allows a person to recover the possession of his lost property that has been wrongfully taken or detained by another person.

78.01 Right of replevin. ?Any person whose personal property is wrongfully detained by any other person or officer may have a writ of replevin to recover said personal property and any damages sustained by reason of the wrongful taking or detention as herein provided.

Examples of Replevin A creditor seeking to recover tangible items from a debtor who has defaulted on a secured loan, such as repossessing a borrower's car after missed payments. A renter who sues a landlord for the return of property that was withheld in return for back pay.

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.

Replevin, also called revendication, a form of lawsuit in common-law countries, such as England, Commonwealth countries, and the United States, for return of personal property wrongfully taken and for compensation for resulting loss. Replevin is one of the oldest legal actions, dating to the 14th century.

More info

Claim and delivery borrows from replevin in that it is a remedy which contemplates the recovery of specific personal property when possible. 00 and the following fees are paid. 1.The exact legal name, complete address and phone number of the defendant is required. Please complete the enclosed REPLEVIN COMPLAINT form included in this packet and sign it in the presence of a Deputy Clerk or Notary Public. Once you are prepared to file your claim, you should complete the Statement of Claim form, attaching invoices or other evidence of the claim. Download documents and forms for Small Claims hearings including informational and form packets and how to collect a judgment. All forms must be completed and submitted in English. (Small Claims Information - 391. The Wisconsin Court System has developed an interactive website to help complete small claims forms. Small (Summary) Claims Forms.

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Florida Small Claims Replevin Packet