Complaint For Replevin Forest In Maricopa
Description
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FAQ
Small claims court is worth it when you know you are deterring someone from potentially harming others the same way they harmed you. You may also want to help others determine whether to do business with that person or corporation in the future, as court decisions are part of the public record.
General Information: “Replevin” is a process whereby seized goods may be restored to their owner. In a replevin case, the Plaintiff claims a right to personal property (as opposed to real property/real estate) which has been wrongfully taken or detained by the defendant and seeks to recover that personal property.
How long do I have to serve the Defendant? Generally, your Summons and Complaint must be served within 90 days after you file the Complaint. (ARCP 4(i)) If you fail to serve the Defendants within 90 days, your Complaint will be dismissed.
Small Claims. Resolving civil disputes if damages are less than $3,500. A small claims lawsuit is a claim against another party for damages of an amount less than $3,500.00. These lawsuits are designed to resolve civil disputes in front of a small claims hearing officer or a Justice of the Peace.
A civil action filed in a limited jurisdiction court is a claim against another party for damages of an amount up to $10,000.00. These lawsuits are designed to resolve civil disputes before a justice of the peace. Parties in a civil lawsuit may be represented by attorneys and appeal their case to a higher court.
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.
A caption identifying the plaintiff and defendant, and the court in which the complaint is being filed. A brief description of the parties (e.g., their name and address). Allegations demonstrating that the court has subject matter jurisdiction, personal jurisdiction, and venue to adjudicate the claims in the complaint.
“Replevin” is a process whereby seized goods may be restored to their owner. In a replevin case, the Plaintiff claims a right to personal property (as opposed to real property/real estate) which has been wrongfully taken or detained by the defendant and seeks to recover that personal property.
