Writ Of Replevin Form With Court Order In Pennsylvania

State:
Multi-State
Control #:
US-000265
Format:
Word; 
Rich Text
Instant download

Description

The Writ of Replevin form with court order in Pennsylvania is a legal document used by entities to reclaim specific property that is wrongfully held by another party. This form is critical for attorneys and legal professionals when initiating a replevin action, seeking immediate possession of personal property prior to a final judgment. Key features include sections detailing the parties involved, jurisdiction, and facts surrounding the claim, as well as a specific 'wherefore' clause outlining sought remedies, such as orders for possession and expedited hearings. Users must ensure the accurate identification of property and the basis for their claim to avoid procedural issues. Filling out the form requires a clear presentation of facts and legal grounds for the replevin, including any prior contracts or agreements relevant to the property in question. Attorneys, partners, and associates will find it useful for aggressive asset recovery, while paralegals and legal assistants will benefit from understanding its structure and requirements. This form is particularly relevant in cases of default on security agreements, where parties seek to reclaim collateralized vehicles or goods.
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  • Preview Verified Complaint for Replevin or Repossession
  • Preview Verified Complaint for Replevin or Repossession
  • Preview Verified Complaint for Replevin or Repossession
  • Preview Verified Complaint for Replevin or Repossession

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FAQ

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.

An action of replevin shall be commenced by filing a complaint with the prothonotary. The provisions of this Rule 1073 adopted June 23, 1975, effective October 1, 1975, 5 Pa. B. 1824.

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.

File a motion for a writ of replevin. The motion must be accompanied by an affidavit or verified complaint that supports the allegations in your complaint. The affidavit must also state that you will post a replevin bond with the court. The amount of the bond will be set by the court.

If the value of the property is greater than $25,000 then the Complaint must be filed in the Superior Court. If the value of the property is $25,000 or less, the filer may actually file in either the Circuit Court or the Superior Court.

Under Pennsylvania law, replevin actions have a two-year statute of limitations.

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.

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.

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Writ Of Replevin Form With Court Order In Pennsylvania