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 San Diego
Category:
State:
Multi-State
County:
San Diego
Control #:
US-000265
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Word;
Rich Text
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FAQ
In ance with San Diego Local Rule 2.5. 8, the court may permit parties to appear by telephone or video in civil cases. Refer to your Notice of Hearing and the court's website at for the most current instructions on how to appear and how to submit evidence.
Property owners often subdivide (or split) their land to significantly increase the financial value of the property. By subdividing land, you can enhance your property's worth, either through selling portions of the property or by building additional homes & structures.
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.
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California Rules of Court, Rule 3.1203 states that “a party seeking an ex parte order must notify all parties no later than A.M. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice.” (Emphasis added).
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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.
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).
If the defendant lives in the county where you filed, you will likely receive a hearing within forty (40) days of filing the complaint. If the defendant lives outside the county where you filed, you will likely receive a hearing within forty (40) to seventy (70) days of filing the complaint.
If the Court issues a writ of replevin ex parte, the defendant will have the right to request an earlier hearing. If such a request is made, the court will have a hearing more quickly but with not less than 48 hours notice to you.
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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. Additional Judicial Council Forms can be found on the California Courts website.Please select from the categories below. A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property. 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. A writ of possession is issued as a provisional remedy in a cause of action for claim and delivery, also known as replevin. Unconscionable Contract or Clause. Attached are the forms you need to file to begin an action for replevin. We have created a civil lawsuit checklist for you to use as you go through the process of initiating a lawsuit. Provided legal assistance for self-represented litigants seeking domestic violence restraining orders.