Replevin Foreclosure In Pima

Q: What is the legal definition of replevin?

Re plev in ri- ple-v n. : an action originating in common law and now largely codified by which a plaintiff having a right in personal property claimed to be wrongfully taken or detained by the defendant seeks to recover possession of the property and sometimes to obtain damages for the wrongful detention.

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Pima

Control #:

US-000265

Format:

Instant download

Description

The Replevin Foreclosure in Pima is a legal document initiated to reclaim possession of property wrongfully held by another party. This verified complaint outlines the parties involved, jurisdiction, and the facts surrounding the case, including details of loan agreements and the collateral involved. Key features of the form include a structured presentation of contracts and liens, identification of vehicles involved, specifics on jurisdiction, and the legal basis for seeking replevin. Filling out this form requires the attorney or legal representative to provide accurate information about the claims and the parties involved. It is essential to attach any supporting documents, such as contracts and proof of liens, to substantiate the claim. This form is particularly useful for attorneys, partners, and associates who engage in creditor-debtor relations, as well as paralegals and legal assistants who support the documentation process. They can utilize the form to initiate replevin actions efficiently, ensuring claims for possession are legally sound and properly documented. The clarity of the document helps users convey essential details with precision, making it accessible to individuals with varying levels of legal expertise.

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FAQ

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).

Replevin actions are common and fall into two types of action: if immediate possession of the property is sought and if the party filing the action is content to wait for an adjudication of final rights.

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.

Creditors use replevin actions to recover collateral when debtors default on secured loans. For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments.

Re·plev·in ri-ˈple-vən. : an action originating in common law and now largely codified by which a plaintiff having a right in personal property claimed to be wrongfully taken or detained by the defendant seeks to recover possession of the property and sometimes to obtain damages for the wrongful detention.

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.

The title shall always be written out, followed by the surname of the addressee. EXAMPLES: Dear Sheriff.

For additional questions, please contact us at (520) 351-6000 or email us at civil@sheriff.pima.