Complaint Replevin Form With Decimals In Miami-Dade

Q: What is replevin in Florida Rules of Civil Procedure?

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.

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Miami-Dade

Control #:

US-000265

Format:

Instant download

Description

The Complaint Replevin Form with Decimals in Miami-Dade is a legal document utilized to recover specific property that is being wrongfully detained. This form is crucial for parties seeking replevin relief, usually involving vehicles or other pledged collateral. It outlines the necessary elements such as parties involved, jurisdiction, and the basis for claiming possession, underpinned by relevant contracts and agreements. The form requires careful attention to detail, including the accurate representation of monetary amounts, which may include decimals for precise financial details. For attorneys, partners, and legal professionals, this form streamlines the process of initiating a replevin action in a court setting. Paralegals and legal assistants will find it essential for gathering supporting documentation and ensuring all procedural requirements are met. The form is also beneficial for owners and associates in determining their rights and the appropriate course of legal action when faced with property recovery issues. Completing this form correctly is vital for a successful outcome, as it set the stage for the legal proceedings that follow.

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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.

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.

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.

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.

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.