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 Phoenix
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State:
Multi-State
City:
Phoenix
Control #:
US-000265
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Word;
Rich Text
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FAQ
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.
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.
When efforts to repossess fail, a lien holder should seriously consider seeking a court order for replevin. 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 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 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.
A writ of replevin is a court order directing the borrower, or anyone in possession of your collateral, to turn the collateral over to local law enforcement.
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 writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.
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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STEP 1: USING BLACK INK ONLY, Fill out the "Civil Cover Sheet. " ▫ Write in "Maricopa" as the county.Here you will find forms for every case type. Forms for filing a case, answering a summons, entering a plea, even asking for a continuance or for an appeal. (f) Password Security. A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property. 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.