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.
Complaint Replevin Form With Action In Orange
Category:
State:
Multi-State
County:
Orange
Control #:
US-000265
Format:
Word;
Rich Text
Instant download
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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.
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.
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.
File your case in a court in the right county and court (called Justice Centers in Orange County). In legal terms, this means you have to file in the proper venue (place). For example, if the person you are suing lives in Tustin, the Justice Center where you file your case is the Central Justice Center.
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.
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.
“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.
In essence, a legal complaint initiates a lawsuit, while a lawsuit encompasses the entire process of resolving the dispute in court. The existence of a lawsuit and its course through the judicial process is also referred to as “litigation.”
Filing your complaint starts your case, but the summons is the document that is issued under the court's authority that notifies your defendant they are being sued and that they need to take action.
Procedure for Obtaining, in Court, a Writ of Replevin The filing of a complaint begins a replevin action. As in other civil actions, the defendant is brought into Court by the service of the summons and the complaint. If the plaintiff establishes the cause of action, the Court must enter an Order granting possession.
More info
Forms ; Complaint Verification. PDF ; Summons with Notice.They must file a Summons and Complaint to commence a replevin action. Court Forms, Free forms are available for those actions that only require the single form to be filed on an existing case. The forms can be filled in on the computer. File a motion for a writ of replevin. You will need to draft a complaint in which you detail what personal property you had taken, why you have a right to that property, and how it was taken. 8 steps to file a special civil case. Complete the Special Civil Part complaint (Form A in the Kit). Yes, as long as a claim for money is also part of the small claims lawsuit.