What is an order of replevin in Florida?

The Replevin action is used for resolving civil disputes involving personal property valued up to $15,000.00 (excluding court costs, interest and/or attorney's fees, if applicable). This process allows for an individual to recover property which another person refuses to return.

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Verified Complaint for Replevin or Repossession

Replevin Repossession In Broward

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Broward

Control #:

US-000265

Format:

Instant download

Description

The Verified Complaint for Replevin is a legal document used in Broward to reclaim possession of property wrongfully held by another party. This form is particularly relevant in instances where a claimant seeks to retrieve collateral, such as vehicles, within the confines of legal procedures. Key features of the form include detailed identification of the parties, a clear statement of jurisdiction, specific facts about the contracts involved, and a description of the property claimed. Instructions for filling and editing the form emphasize clarity and directness, recommending users to include all relevant exhibits, such as contracts and agreements. Attorneys, partners, owners, associates, paralegals, and legal assistants will find this form useful in asserting their rights to possessions that are subject to disputes. A successful filing can lead to expedited hearings and orders from the court for the return of the property, making it essential for legal professionals dealing with repossession cases. Additionally, the form supports the claimant's request for court orders and provides a structured approach to seeking justice for wrongful detention of property.

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FAQ

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.

File a motion for a writ of replevin. The motion must be accompanied by an affidavit or verified complaint that supports the allegations in your complaint. The affidavit must also state that you will post a replevin bond with the court. The amount of the bond will be set by the court.

To initiate the replevin action, creditors must attach proof of a bill of sale, property title, debt agreement, etc. to a complaint filed with the clerk of court. This filing will include a replevin summons, as well as filing the original documents with the court as well.

Replevin can also refer to a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions). Replevin may be ordered as a final judgment, or in some jurisdictions, as a provisional remedy.

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.

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 Replevin action is used for resolving civil disputes involving personal property valued up to $15,000.00 (excluding court costs, interest and/or attorney's fees, if applicable). This process allows for an individual to recover property which another person refuses to return.