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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.
Replevin actions are common and fall into two types of action: if immediate possession of the property is sought and if the party filing the action is content to wait for an adjudication of final rights.
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.
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.
“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.
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.
All equines to be sold in Utah must get an inspection certificate issued by a brand inspector. when consigning a horse or mule to an auction or horse sale. Inspection must be from county of origin. permit and the Lifetime Travel Permit transfer form.
Cattle and sheep must be branded only if they forage on open range (Government land), although it is recommended that all livestock be branded to prevent estrays and theft. If ownership changes, cattle must be rebranded with the new owner's brand within 30 days. Branding of horses is not required, but is recommended.