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.
Replevin Form Document With Court Order In Oakland
Category:
State:
Multi-State
County:
Oakland
Control #:
US-000265
Format:
Word;
Rich Text
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FAQ
Replevin is an action seeking return of personal property wrongfully taken or held by the defendant. In exchange for the personal property, the plaintiff in the action pledges a security and is allowed to hold the property until the case is resolved by the court.
Replevin is a civil action to recover a piece of personal property that a person refuses to return to you. In a replevin action, you must prove a legal right to the possession of the property, such as ownership of it, and that the defendant has wrongful possession of the property.
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.
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. It's important to understand the potential applications of replevin in a broad range of scenarios.
You will not go to jail. You have 21 days to respond to the complaint. However, the 21 days on the clock do not start to run until you are actually served with the summons by the process server.
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.
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.
Alameda County Superior Court Begin the filing process as you would with any other filing and select Request for Refund as the Document Type from the list of options in the drop-down menu. Add the details of your request for refund onto a pleading document and eFile.
Rule 3.31. Unless otherwise authorized by the court, discovery meet and confer obligations require an in-person, telephonic, or video conference between parties.
California Judicial Council Forms are pre approved pleadings for filing with the Court.