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 Action For Pets In Phoenix
Category:
State:
Multi-State
City:
Phoenix
Control #:
US-000265
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Word;
Rich Text
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FAQ
Yes, you can. Since pets are considered personal property, you can sue for a claim of destruction of personal property. You can sue for up to $10000 in Small Claims court.
Answer. People who believe that their animal is being wrongfully withheld can commence a civil lawsuit (such as a replevin action) to try to get the animal returned and can also contact the police, although the police do not usually get involved in pet custody disputes.
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.
In California, pets are generally considered property under the law, and if you have proof of ownership, such as adoption papers or veterinary records, it can strengthen your case. Since you had possession of the dog before and have evidence of your previous ownership, you may have legal grounds to reclaim your pet.
If a pet is injured, an owner may bring an injury claim to court. However, the damages the owner can recover may be limited. In most cases, small claims court and representing yourself may be your best option.
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 filing a replevin suit, the plaintiff must provide evidence that they are the rightful owner of the property in question and that it was taken without justification or consent.
“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.
At any time before judgment, if the property is not previously claimed or sold, defendant may replevy the property or any part thereof by giving bond to be approved by the officer who levied the writ, payable to plaintiff in double the amount of plaintiff's debt, or, at defendant's option, for the value of the property ...
A replevin action is a civil matter subject to the rules of civil procedure. When the case gets to court, the lien holder must establish his right to possession of the property, normally through a contract. He will have to show that the borrower breached the contract, usually due to nonpayment.
More info
Do you have the ownership paperwork? Then there is no basis for a replevin action.Both sides in a replevin suit will have to file a bond. File suit for value of dog. Be prepared to prove how much dog is worth. Civil Process Section Phone Number: . The legal remedy of Replevin is best used when the secured creditor cannot repossess the collateral without breaching the peace. In our experience, bringing replevin actions for pets in small claims court is not just inexpensive and fast—it's also effective. Animal Bite on a Pet. Fill out our online form to report an animal bite on a pet or another animal.