Complaint Replevin Form Format In Harris

State:
Multi-State
County:
Harris
Control #:
US-000265
Format:
Word; 
Rich Text
Instant download

Description

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.


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  • Preview Verified Complaint for Replevin or Repossession
  • Preview Verified Complaint for Replevin or Repossession
  • Preview Verified Complaint for Replevin or Repossession
  • Preview Verified Complaint for Replevin or Repossession

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FAQ

A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk.

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.

The written response must be made within 20 days of personal service, or within 30 days of the time when service by any other means is complete.

The writ of replevin must be directed to the sheriff, or other officer authorized by law, of the county where the chattels are located. The write of replevin must describe the chattels with specificity.

Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.

A summons with notice is a type of summons. The summons with notice is not served with the complaint. It contains all of the information described above for the summons, plus a brief description of the type of case and the relief the plaintiff is asking the court to grant.

After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.

An affidavit of nonprosecution is a written statement by the alleged victim in a domestic violence case asking the prosecutor to dismiss the case.

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.

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.

More info

Information about Justice Court Suits and Civil Cases in the Harris County Justice of the Peace Courts. What format should I follow to generate a complaint?Forms. For convenience, the following forms are available for downloading, printing and completing. Complaint. If you have any questions about what you should include in your. Complaint, please seek the advice of an attorney.) 1. The property involved is a motor vehicle described in detail in the complaint. Review the Motion for Writ in 21ST MORTGAGE CORPORATION V CHAD M HARRIS ET AL (E-CASE) and the significance of this document for this case on Trellis.Law. NOTE: Court clerks cannot provide assistance in completing these forms. Cut and paste the appropriate template for the court in which your case will be heard. Choose from District, County, County Court at Law, or Justice Court.

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Complaint Replevin Form Format In Harris