A Florida Statement of Claim for Return of Property (Replevin-Pawnbroker) is a legal document used to demand the return of personal property that has been pawned or sold to a pawnbroker. The statement must be filed in the county court where the pawnbroker is located. It must include the name of the claimant, a description of the property, the date the property was pawned or sold, the date of the demand, and the amount of money owed for the property. There are two types of Florida Statement of Claim for Return of Property (Replevin-Pawnbroker): 1) Self-Help Repletion and 2) Judicial Repletion. Self-Help Repletion allows the claimant to reclaim their property without a court order, provided that the pawnbroker has not already sold the property. Judicial Repletion requires that the claimant file a lawsuit against the pawnbroker in order to reclaim the property.
Florida Statement of Claim For Return Of Property (Replevin-Pawnbroker)
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How to fill out Florida Statement Of Claim For Return Of Property (Replevin-Pawnbroker)?
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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.
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.
Replevin, also known as "claim and delivery," is an action to recover personal property that was wrongfully taken or detained. Unlike other forms of legal recovery, replevin seeks the return of the actual thing itself, as opposed to monetary damages (the more commonly sought-after remedy).
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.
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.
Creditors use replevin actions to recover collateral when debtors default on secured loans. For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments.