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.
Complaint Replevin Form With Action In Alameda
Category:
State:
Multi-State
County:
Alameda
Control #:
US-000265
Format:
Word;
Rich Text
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FAQ
In its simplest terms, replevin is a procedure whereby seized goods are restored to their owner (creditor) at the beginning of a lawsuit. If you ever find yourself in the unfortunate position of needing to retrieve vehicles, equipment, or any personal property in California, the replevin is a very useful tool.
Replevin actions are common and fall into two types of action: if immediate possession of the property is sought and if the party filing the action is content to wait for an adjudication of final rights.
When filing a replevin suit, the plaintiff must provide evidence that they are the rightful owner of the property in question and that it was taken without justification or consent.
Replevin is an action seeking return of personal property wrongfully taken or held by the defendant. In exchange for the personal property, the plaintiff in the action pledges a security and is allowed to hold the property until the case is resolved by the court.
General Information: “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 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.
What Is the Replevin Law in California? Also called claim and delivery, the replevin law grants you the right to reclaim personal property that someone else has wrongfully taken or detained.
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).
Federal Rule of Civil Procedure Rule 64 provides that replevin is a remedy for civil cases in federal courts, regardless of whether state procedural rules require separate actions for replevin.
More info
Complete a claim form. Click the link below to print out a Claim Form or call the City Attorney's Office at .This is an appeal from an order sustaining a demurrer to a second amended complaint. 1. At the top of the Original Notice form, fill in the name of the county where you are filing the lawsuit. The Circuit Court has a form for the Complaint for a Writ of Replevin. Alameda County Local Court Forms. 1. At the top of the Original Notice form, fill in the name of the county where you are filing the lawsuit. In a personal injury or wrongful death case, the amount of the damages must not be stated, unless the action is a limited civil case.