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 For Dog In San Jose
Category:
State:
Multi-State
City:
San Jose
Control #:
US-000265
Format:
Word;
Rich Text
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FAQ
Answer. People who believe that their animal is being wrongfully withheld can commence a civil lawsuit (such as a replevin action) to try to get the animal returned and can also contact the police, although the police do not usually get involved in pet custody disputes.
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.
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.
In its simplest terms, replevin is a procedure whereby seized goods are restored to their owner (creditor) at the beginning of a lawsuit. If you ever find yourself in the unfortunate position of needing to retrieve vehicles, equipment, or any personal property in California, the replevin is a very useful tool.
If your dog has been taken wrongfully, perhaps by a family member, or ex non-marital partner, it is possible to use the property status of your animal to obtain a judgment. Replevin is an effective civil remedy to get your dog back.
If a pet is injured, an owner may bring an injury claim to court. However, the damages the owner can recover may be limited. In most cases, small claims court and representing yourself may be your best option.
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.