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 Attorney In Fairfax
Category:
State:
Multi-State
County:
Fairfax
Control #:
US-000265
Format:
Word;
Rich Text
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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.
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.
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).
If the Court issues a writ of replevin ex parte, the defendant will have the right to request an earlier hearing. If such a request is made, the court will have a hearing more quickly but with not less than 48 hours notice to you.
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 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.
There are several different types of Virginia civil litigation claims. Basically, anything that is not criminal. A civil litigation case can be for personal injury, business transactions, property disputes, construction disputes, state litigation, trust litigation, and other civil litigation concerns.
Creditors use replevin actions to recover collateral when debtors default on secured loans. For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments.
A judgment-creditor may ask the court for these things to help collect a judgment. Summons to answer debtor interrogatories. Garnishment of your income. Levy (or attachment) to sell your personal property.
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 ...