Writ Of Replevin Form With Decimals In Bexar
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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 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.
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.
The process involves: Filing a Complaint: The plaintiff must file a detailed complaint, specifying the property and asserting their ownership or right to possession. Notice and Hearing: The defendant is given notice, and a hearing is scheduled. The plaintiff must prove their claim to the 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.
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 Writ of Possession allows for the possession of the property, after a deputy has posted written notice notifying the tenant a writ has been issued. By law, we are required to give a minimum of 24 hours notice before enforcing the writ.
The Bexar County District Clerk's Office is located at 101 W. Nueva, Suite 217, San Antonio, Texas 78205. They can be reached at (210) 335-2113.
Civil District Judge's Standing Order - must be attached to all new petitions for Divorce and Suits Affecting the Parent-Child Relationship.
How To eFile. Choose an electronic filing service provider (EFSP) at eFileTexas. An electronic filing service provider (EFSP) is required to help you file your documents and act as the intermediary between you and the eFileTexas system. For eFiling questions you may call 210-335-2496 or 855-839-3453.
