Procedure for Obtaining, in Court, a Writ of Replevin The filing of a complaint begins a replevin action. As in other civil actions, the defendant is brought into Court by the service of the summons and the complaint. If the plaintiff establishes the cause of action, the Court must enter an Order granting possession.
Draft a summons that includes the court's name, the title of the action, the case number, and the time and place of the hearing. Also include the name and address of the plaintiff and defendant. Make sure to include any other necessary information, such as an affidavit of service, or an affidavit of mailing.
A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk.
Your answer should include the court name, case name, case number, and your affirmative defenses. Print three copies of your answer. File one with the clerk's office and mail (or “serve”) one to the plaintiff or plaintiff's attorney. The plaintiff is the debt collector, creditor, or law firm suing you.
Draft a summons that includes the court's name, the title of the action, the case number, and the time and place of the hearing. Also include the name and address of the plaintiff and defendant. Make sure to include any other necessary information, such as an affidavit of service, or an affidavit of mailing.
A caption identifying the plaintiff and defendant, and the court in which the complaint is being filed. A brief description of the parties (e.g., their name and address). Allegations demonstrating that the court has subject matter jurisdiction, personal jurisdiction, and venue to adjudicate the claims in the complaint.
In order to properly write a cause of action, several things must be included. The names of the Plaintiff and Defendant. The legal means by which the Plaintiff is bringing the lawsuit. Be sure to only include the facts, not opinions. Offer expert opinions and lay out the evidence. Request of relief.
General Information: “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.
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.