Writ Of Replevin Form With Court Order In Phoenix
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FAQ
There are two types of lawsuits: civil and criminal. When someone is charged with a crime and then prosecuted by the government, this is a criminal lawsuit. Other types of suits are civil lawsuits.
Justice courts hear lawsuits when the amount in dispute is $10,000 or less, including: Eviction Actions and Landlord & Tenant Disputes.
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).
A civil action filed in a limited jurisdiction court is a claim against another party for damages of an amount up to $10,000.00. These lawsuits are designed to resolve civil disputes before a justice of the peace. Parties in a civil lawsuit may be represented by attorneys and appeal their case to a higher court.
The purpose of the writ of replevin is to allow a creditor to legally retrieve property that secures a debt. Replevin actions in Arizona are governed by Title 12 of the Arizona Revised Statutes.
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.
Every county in Arizona has at least two justice courts. The justice courts have exclusive authority to hear cases in which the amount in controversy is $10,000 or less. Cases in which the amount in controversy is greater than $10,000 must be filed in the superior court.
Resolving civil disputes if damages are less than $3,500. Parties in a small claims action may be represented by an attorney only if both parties agree to the use of attorneys. Filers of small claims actions do not have the right to appeal or the right to a jury trial.
Small claims court is worth it when you know you are deterring someone from potentially harming others the same way they harmed you. You may also want to help others determine whether to do business with that person or corporation in the future, as court decisions are part of the public record.
