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 Two Points In Sacramento
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State:
Multi-State
County:
Sacramento
Control #:
US-000265
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Word;
Rich Text
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FAQ
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.
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.
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.
“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 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.
When you file a replevin action in California, you are taking legal action to record your personal property. You will need to draft a complaint in which you detail what personal property you had taken, why you have a right to that property, and how it was taken.
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.
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).
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In California, replevin cases are typically filed in the Superior Court of the county where the property is located or where the defendant resides. All completed documents should be submitted to the Hall of Justice Building, 813 6th Street, Room 212 (2nd Floor) Sacramento, CA 95814.(Include in this statement whether any part of the claimed property is within a private place that may have to be entered to take possession. There are very specific rules and procedures for filing and serving court paperwork, which are strictly enforced. A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property. 2. Fill out a Small Claims Summons and Complaint form or Summons for Consumer Replevin form. A writ of possession is issued as a provisional remedy in a cause of action for claim and delivery, also known as replevin. These forms must be filled out and submitted to the Clerk of the Court together. The form gives school name, teacher, score per criterion and total score. Once you have filled out the appropriate form, you should make at least two copies for each party you are suing and a copy for yourself. 3.