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.
Writ Of Replevin Form With Court Order In Alameda
Category:
State:
Multi-State
County:
Alameda
Control #:
US-000265
Format:
Word;
Rich Text
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FAQ
Application For Writ of Possession (CD-100) Tells a party being sued (the defendant) that the party who is suing (the plaintiff) is asking the court for a writ of possession (an order telling the sheriff to take and hold property that the plaintiff claims is theirs but that the defendant is wrongly keeping).
Rule 3.31. Unless otherwise authorized by the court, discovery meet and confer obligations require an in-person, telephonic, or video conference between parties.
Superior Court of Alameda County.
A writ of possession is a legal document a court issues after a landlord is successful in an eviction lawsuit. It informs the tenant that they must leave the rental property by a specific time or otherwise face forcible removal by law officers. State and local laws can vary regarding writs of possession.
Application For Writ of Possession (CD-100) Tells a party being sued (the defendant) that the party who is suing (the plaintiff) is asking the court for a writ of possession (an order telling the sheriff to take and hold property that the plaintiff claims is theirs but that the defendant is wrongly keeping).
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.
(a) At the hearing, a writ of possession shall issue if both of the following are found: (1) The plaintiff has established the probable validity of the plaintiff's claim to possession of the property. (2) The undertaking requirements of Section 515.010 are satisfied.
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.
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.
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.
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Most Court documents are provided as PDF files. To view or print these files you need the free Adobe Acrobat Reader or other PDF reader.If you are filing a consumer replevin case, you must draft a complaint and attach it to the Summons.