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.
Complaint Replevin Form With Two Points In Santa Clara
Category:
State:
Multi-State
County:
Santa Clara
Control #:
US-000265
Format:
Word;
Rich Text
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FAQ
You must fill out an Answer, serve the plaintiff, and file your Answer form with the court. Generally, this is due within 30 days after you were served. If you don't, the plaintiff can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.
Most common way to respond is to file an Answer In an Answer, you say what you think is not true in the Complaint (make a denial) and you say what your defenses are or might be (new matters you are bringing up). If you file an Answer, the other side must prove their case and you can defend your case in court.
On a separate page or pages, write a short and plain statement of the answer to the allegations in the complaint. Number the paragraphs. The answer should correspond to each paragraph in the complaint, with paragraph 1 of the answer corresponding to paragraph 1 of the complaint, etc.
Generally, you have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays.
Go to the courthouse address listed at the top of the Complaint you were served with. At the courthouse, file the forms by giving the original and the 2 copies of the Answer and Proof of Service to the clerk. The clerk will stamp the forms. The court will keep the original and return the copies to you.
Yourself it is important to always have an updated. Address on hand with the court. The court willMoreYourself it is important to always have an updated. Address on hand with the court. The court will sometimes send out notices on their own volition. And it's important that you receive those notices.
General Information: “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.
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.
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.
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. It's important to understand the potential applications of replevin in a broad range of scenarios.
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Note that when you list the forms, there are two columns of numbers. If you click on the form number in the first column you must print it to fill it out.On this page below is a list of LOCAL forms that can be completed online and then printed. The form you need may be in this list. 2. Fill out a Small Claims Summons and Complaint form or Summons for Consumer Replevin form. Official Form Complaints. Judicial Council Official Form Complaints are available for many types of actions. Attached are the forms you need to file to begin an action for replevin. Learn about the requirements for preparing and filing a civil complaint, including how to prepare a summons, along with some cautions.