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 Houston
Category:
State:
Multi-State
City:
Houston
Control #:
US-000265
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
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.
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.
File a motion for a writ of replevin. The motion must be accompanied by an affidavit or verified complaint that supports the allegations in your complaint. The affidavit must also state that you will post a replevin bond with the court. The amount of the bond will be set by the court.
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.
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.
Replevin, also known as claim and delivery, is the legal action of recovering personal property which was wrongfully 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.
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.
Replevin is the common law cause of action for recovering personal property wrongfully withheld from its rightful owner. This is more commonly associated with personal chattels. Chattels are personal possessions.
In Harris County, you can file your pro se petition and waiver in-person at the Harris County Civil Intake Office located on the first floor of the Civil Courthouse located at 201 Caroline Street. Civil intake office hours are 8 AM - PM Monday to Friday.
More info
A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property. If there is an official form for a legal procedure, it is usually found on the court or court clerk websites.We link to many in this guide. Information about Justice Court Suits and Civil Cases in the Harris County Justice of the Peace Courts. These forms must be filled out and submitted to the Clerk of the Court together. For the best appeals attorneys in Houston, TX, trust The Law Offices of Seth Kretzer. We fight for state and federal appeals. 2. Fill out a Small Claims Summons and Complaint form or Summons for Consumer Replevin form. If the Final Judgment of Replevin is entered in your favor, you may obtain a WRIT OF REPLEVINfrom the Clerk of Court and may be awarded damages. A replevin is basically the repossession of collateral (ie: vehicle, furniture, etc) that could not be done without breaching the peace.