Is replevin an action to recover possession of goods wrongfully held?

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.

US Legal Forms
Forms Kit
1200 Civil Action Forms
Multi-State
Verified Complaint for Replevin or Repossession

Complaint Replevin Sample Without Notice Period In Sacramento

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Sacramento

Control #:

US-000265

Format:

Instant download

Description

The Complaint Replevin Sample Without Notice Period in Sacramento is a legal document filed in the United States District Court to recover possession of property unlawfully held by another party. This form addresses key features including jurisdiction and venue, facts of the case involving various contracts and secured interests in specific vehicles, and the request for immediate possession of the property. Notably, it allows filing without prior notice to the defendant, streamlining the process when time-sensitive action is required. Filling instructions include presenting detailed facts, attaching relevant contracts and documentation, and clearly stating the relief sought. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants engaged in property disputes or financing matters. It ensures concise documentation, aids in expediting possession claims, and facilitates a structured legal approach to replevin situations while adhering to specific state law requirements.

Accelerated possession order with elections

View this form

Action for replevin

View this form

Complaint action bank for central

View this form

Avoid repossession for the sales

View this form

Sample Letter for Decline to Give Advice

View this form

Employee Performance Appraisal Summary

View this form

Cease and Desist Letter for Libelous or Sl...

View this form

Sample Letter regarding Authority to Cance...

View this form

Organization Agreement with exhibit

View this form

Form popularity

FAQ

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.

You will not go to jail. You have 21 days to respond to the complaint. However, the 21 days on the clock do not start to run until you are actually served with the summons by the process server.

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 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.

Replevin is the common law cause of action for recovering personal property wrongfully withheld from its rightful owner. This is more commonly associated with personal chattels. Chattels are personal possessions. It's important to understand the potential applications of replevin in a broad range of scenarios.

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.