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 With 2 Points In Utah
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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.
A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.
(a) Motion. To enforce a court order or to obtain a sanctions order for violation of an order, including in supplemental proceedings under Rule 64, a party must file an ex parte motion to enforce order and for sanctions (if requested), pursuant to this rule and Rule 7.
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.
Unlike attachment, which returns property or pays comparable financial damages to a winning defendant, the process of replevin applies only to physical property taken from a defendant by the plaintiff.
For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments. Replevin can also refer to a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions).
(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.
(a) Pleadings. Only these pleadings are allowed: (1) a complaint; (2) an answer to a complaint; (3) an answer to a counterclaim designated as a counterclaim; (4) an answer to a crossclaim; (5) a third-party complaint; (6) an answer to a third-party complaint; and (7) if the court orders one, a reply to an answer.
Order XLVII, rule 7(1) provides that any order granting an application for review may be objected to on the ground that the application was in contravention of the provisions of rule 4, or after the expiration of the period of limitation and without sufficient cause.
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If you're not finding the forms you need, contact us at or Click here to contact the web navigator. Learn more about how to to serve civil papers relating to judicial actions filed with the court in Salt Lake County.– Writ of Assistance. – Writ of Replevin. 2. Fill out a Small Claims Summons and Complaint form or Summons for Consumer Replevin form. A civil case begins in one of two ways: (1) the filing of complaint with the court, or (2) the delivery of copy of a complaint and a summons to the party. Utah Law Applicable to Writs of Replevin and Auto Deficiencies. Collateral (property) is located, or. • consumer made the purchase or acquired the property. 2. The writ must be served with a Notice of Execution, Exemptions and Right to a Hearing form, and two (2) Requests for Hearing, each enclosed within this packet.