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 Decimals In Hillsborough
Category:
State:
Multi-State
County:
Hillsborough
Control #:
US-000265
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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.
(a) A prosecution for a felony of the first degree must be commenced within 4 years after it is committed. (b) A prosecution for any other felony must be commenced within 3 years after it is committed. (c) A prosecution for a misdemeanor of the first degree must be commenced within 2 years after it is committed.
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.
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.
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).
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.
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 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.
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.
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.
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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. Information on Replevin Procedures. This information package is designed as a COURTESY from Hillsborough County Sheriff's Office. Thirteenth Judicial Circuit - Forms List. Please select the category below to expand and view general forms for those division. This form applies when the plaintiff has recovered possession under a writ of replevin and prevailed on the merits. A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property.