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.
File For Replevin In Utah
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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.
To obtain a writ of replevin, attachment or garnishment before judgment, plaintiff shall file a motion, security as ordered by the court and an affidavit stating facts showing the grounds for relief and other information required by these rules.
A writ of replevin is available to compel delivery to the plaintiff of specific personal property held by the defendant. (b)(2) that the defendant wrongfully detains the property.
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.
Procedure for Obtaining, in Court, a Writ of Replevin The filing of a complaint begins a replevin action. As in other civil actions, the defendant is brought into Court by the service of the summons and the complaint. If the plaintiff establishes the cause of action, the Court must enter an Order granting possession.
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File the judgment or Abstract of Judgment in the office of the County Recorder in the county in which the debtor's real property is located. A writ of replevin, attachment or garnishment is available after the claim has been filed and before judgment only upon written order of the court.Our agency offers the Utah replevin bond in the amount that the court requires. To get this type of bond, follow the steps to complete the application form. Several other documents will also be required. Rule 64C - Writ of Attachment (a) Availability. A writ of attachment is available to seize property in the possession or under the control of the defendant. Sign the return with your name, agency and title and include the date. Indicates the form is a fillable PDF. You will need an Adobe Acrobat to view, fill out, or print the PDF forms.