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.
Replevin Form Document Without Comments In San Antonio
Category:
State:
Multi-State
City:
San Antonio
Control #:
US-000265
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Word;
Rich Text
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FAQ
“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 involves: Filing a Complaint: The plaintiff must file a detailed complaint, specifying the property and asserting their ownership or right to possession. Notice and Hearing: The defendant is given notice, and a hearing is scheduled. The plaintiff must prove their claim to the property.
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 replevin remedy is quick. The hearing on the writ will typically take place within 50 days of filing the lawsuit. The writ should be to the sheriff within 10 days after the hearing. The writ itself is good for 60 days, and the sheriff generally makes more than one attempt at recovery.
To file online, go to E-File Texas ( ) 11 and follow the instructions. To file in person, take your answer (and copies) to the district clerk's office in the county where the plaintiff filed the case. At the clerk's office: Turn in your answer form (and copies).
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.
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.
More info
If there is an official form for a legal procedure, it is usually found on the court or court clerk websites. We link to many in this guide.In California, replevin cases are typically filed in the Superior Court of the county where the property is located or where the defendant resides. How do I file a writ of replevin? Do I have to file at the district court I live in? Unfortunately, there is no preprinted form writ of replevin. At least not online. The facts, as presented, must be in the form of an affidavit, and notarized or signed under oath. Fill out a Small Claims Summons and Complaint form or Summons for Consumer Replevin form. If you are filing a consumer replevin case, you must draft a complaint and attach it to the Summons.