Writ Of Replevin Form With 2 Points In Santa Clara

State:
Multi-State
County:
Santa Clara
Control #:
US-000265
Format:
Word; 
Rich Text
Instant download

Description

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.


Free preview
  • Preview Verified Complaint for Replevin or Repossession
  • Preview Verified Complaint for Replevin or Repossession
  • Preview Verified Complaint for Replevin or Repossession
  • Preview Verified Complaint for Replevin or Repossession

Form popularity

FAQ

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.

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.

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.

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.

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.

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.

“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.

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.

If you want to ask for more than $10,000 (for individuals) or $5,000 (businesses and other entities), you need to sue in the civil division of the superior court and not in small claims court. In the civil division, lawyers can represent each side.

More info

Form FAQs: How do I know what form to use? How do I tell the Court that my address has changed?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. Bringing a replevin claim. A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property. This document provides instructions for filing a small claims case in California. It outlines the following steps: Collateral (property) is located, or. • consumer made the purchase or acquired the property. 2.

Trusted and secure by over 3 million people of the world’s leading companies

Writ Of Replevin Form With 2 Points In Santa Clara