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 Court Order In San Diego
Category:
State:
Multi-State
County:
San Diego
Control #:
US-000265
Format:
Word;
Rich Text
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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.
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.
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.
When you file your Complaint for Writ if Replevin, a hearing will be scheduled and the court will issue a notice for service upon the defendant. The hearing will be between 10 and 20 days from the date that the court issues the notice to the defendant.
Civil Division | Superior Court of California - County of San Diego.
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.
More info
Notice of Entry of Judgment on Sister-State Judgment EJ-110, View PDF. Additional Judicial Council Forms can be found on the California Courts website.Please select from the categories below. The SER-001A is required for all writ-related services (in addition to the SER-001) being submitted to the Sheriff's Office for service. COMPLAINT - The replevin complaint form should be typed or printed. Here you will find court forms that are commonly used in the Southern District Court of California. In California, replevin cases are typically filed in the Superior Court of the county where the property is located or where the defendant resides. At issue is the constitutionality of Montana's agisters' lien statute. Now pending is Yellowstone County's Motion for Summary Judgment.