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 Two Points In Florida
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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 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.
—An action for replevin may be brought in any county where the property sought to be replevied is located, where the contract was signed, where the defendant resides, or where the cause of action accrued.
Replevin actions involve disputes over ownership or possession of personal property, such as cars, boats, or artwork. The plaintiff must prove that they have a right to possession of the property and that the defendant wrongfully took or is wrongfully detaining the property.
To file a complaint for replevin, you must first prepare a summons (notice to appear in court) and include a complete and accurate description of the property sought. You will also need to attach proof of a bill of sale, title to the property, and photographs 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.
After a claim or defense is determined to be maintainable on behalf of a class under subdivision (d), the claim or defense shall not be voluntarily withdrawn, dismissed, or compromised without approval of the court after notice and hearing.
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.
Procedure for Obtaining, in Court, a Writ of Replevin The filing of a complaint begins a replevin action. As in other civil actions, the defendant is brought into Court by the service of the summons and the complaint. If the plaintiff establishes the cause of action, the Court must enter an Order granting possession.
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Writ of Execution Format a. REPLEVIN COMPLAINT o Fill in your name as plaintiff(s), address and phone number o Fill in the defendant(s) name and address for service.The State of Florida: To Each Sheriff of the State: YOU ARE COMMANDED to replevy the goods and chattels in possession of the defendant. Posting a bond per Florida Statute 78.068(3) in the amount of twice the value of the goods subject to the writ. Sued you the right to file in any one of several places as listed below. A few of the methods are listed below; other methods of service can be researched in the Florida Rules of Court. Also review the forms included in the Florida Rules of Civil Procedure, including Form 1.908, 1.916, 1.937, and 1.995. The clerk is not responsible for errors in the plaintiff prepared writ of replevin. Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for. Petitioners are required to fill out paperwork that could take approximately 30 to 45 minutes to complete.