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.
Complaint Replevin Form With 2 Points In Hillsborough
Category:
State:
Multi-State
County:
Hillsborough
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. The affidavit: States that the plaintiff claims rightful ownership or entitlement to possession of the property.
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.
—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.
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 statute of limitations depends on the type of replevin action you're filing. For general replevin, you only have 15 days from the date of wrongful repossession. If the repossession was due to nonpayment of rent, you have 30 days. You also have to check the correct venue for filing the replevin action.
To initiate the replevin action, creditors must attach proof of a bill of sale, property title, debt agreement, etc. to a complaint filed with the clerk of court. This filing will include a replevin summons, as well as filing the original documents with the court as well.
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determined to be maintainable on behalf of a class under subdivision (d), the claim or defense shall not be voluntarily withdrawn, dismissed, or compromised without approval of the court after notice and hearing.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.
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.
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The Plaintiff is entitled to the possession of the property under a security agreement dated. ______, a copy of the agreement being attached.You must fill out and submit this form with each new action. Complete the form in its entirety ensuring all fourteen (14) lines are checked off and the form is signed. The form will need to be notarized. Complaint sample. PDF. Complaint fill in. PDF. Information on Replevin Procedures. This information package is designed as a COURTESY from Hillsborough County Sheriff's Office. We can provide you with samples of court forms that are available.