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 Two Points In Alameda
Category:
State:
Multi-State
County:
Alameda
Control #:
US-000265
Format:
Word;
Rich Text
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FAQ
Rule 3.31. Unless otherwise authorized by the court, discovery meet and confer obligations require an in-person, telephonic, or video conference between parties.
In every case, to present an ex parte application to the court, a party must: reserve a hearing date with the applicable department (for applications that require a hearing.) ... file the motion with the court, and. give notice of the hearing date as required by law.
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.
When you file your Complaint for Writ if Replevin, a hearing will be scheduled and the court will issue a notice for service upon the defendant. The hearing will be between 10 and 20 days from the date that the court issues the notice to the defendant.
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).
In many cases, filing in small claims court is the fastest and easiest way for people to legally settle their disputes. The person suing is the plaintiff, and the person being sued is the defendant. A person cannot sue for more than $12,500 in most cases. A business or public entity cannot sue for more than $6,250.
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.
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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.Fill out the forms accurately with details about yourself, the defendant, and the property in question. For levies and evictions, we require the original writ of execution. Please include more copies if you have more than one levy. 2. Fill out a Small Claims Summons and Complaint form or Summons for Consumer Replevin form. Submit one original signed claim form and two copies, with or without the financial statement form and two copies. These forms must be filled out and submitted to the Clerk of the Court together.