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 2 Points In California
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Replevin, also known as claim and delivery, is the legal action of recovering personal property which was wrongfully taken.
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 a replevin action in California, you are taking legal action to record your personal property. You will need to draft a complaint in which you detail what personal property you had taken, why you have a right to that property, and how it was taken.
The writ is issued by the Clerk of the U.S. District or Bankruptcy Court under seal of the court.
Tells the sheriff to take action to enforce a judgment. Used with instructions to the sheriff to levy bank accounts, garnish wages, or take possession of personal property.
1. A showing that the defendant gained possession of the property described in the application, which was not entrusted to the defendant, by feloniously taking such property from the plaintiff by means other than by false or fraudulent representation, attached declaration.
In California, a judgment creditor can request a writ of execution from the court that entered the initial judgment. This compelling document empowers law enforcement officers to seize assets.
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.
