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 Oakland
Category:
State:
Multi-State
County:
Oakland
Control #:
US-000265
Format:
Word;
Rich Text
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FAQ
Replevin, also known as claim and delivery, is the legal action of recovering personal property which was wrongfully taken.
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.
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).
Tells the sheriff to take action to enforce a judgment. Used with instructions to the sheriff to levy bank accounts, garnish wages, or take possession of personal property.
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.
When you file your Complaint for Writ if Replevin, a hearing will be scheduled and the court will issue a notice for service upon the defendant. The hearing will be between 10 and 20 days from the date that the court issues the notice to the defendant.
Rule 3.31. Unless otherwise authorized by the court, discovery meet and confer obligations require an in-person, telephonic, or video conference between parties.
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.
More info
(Include in this statement whether any part of the claimed property is within a private place that may have to be entered to take possession. Most Court documents are provided as PDF files.To view or print these files you need the free Adobe Acrobat Reader or other PDF reader. A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property. The City of Oakland has a standard claim form that can be used for your convenience. Class here general works only. Fill out a Small Claims Summons and Complaint form or Summons for Consumer Replevin form. Attached are the forms you need to file to begin an action for replevin. These forms must be filled out and submitted to the Clerk of the Court together. Full text of "A treatise on the law of judgments, including the doctrine of res judicata".