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.
File For Replevin In Fairfax
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State:
Multi-State
County:
Fairfax
Control #:
US-000265
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Word;
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FAQ
If you choose to file a lawsuit without an attorney, you first must go to the offices of the Clerk of the GDC in the city or county where: • the defendant lives, is employed or has a regular place of business; • the incident upon which your claim is based took place; or, • if the defendant is a corporation, its ...
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.
You must file your lawsuit within a period called the "statute of limitations." If your claim is based on personal injuries, you have 2 years. If your claim is based on an oral agreement or contract, you have 3 years.
There are no general rules related to the time period to file a case. However, you almost always have at least a year to file a civil lawsuit. Depending on the type of case or civil action, it could be much longer. Different statutes of limitations apply to different types of cases and causes of action.
Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues.
The Commonwealth of Virginia imposes a two-year limitation period to file both personal injury claims and wrongful death lawsuits. Under certain circumstances, the two-year limit for personal injury claims may be extended.
In Virginia, the deadline to file most personal injury cases is two years from the date that the injury or accident occurred. That is a firm and hard date. Filing even one day after that two-year mark will mean the party you are suing can have your case dismissed.
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.
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.
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.