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.
Replevin Form Document With Attorney In Virginia
Instant download
Description
Free preview
Form popularity
FAQ
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 lay to recover goods still held after a tender of amends. Detinue lay to recover lent goods where the holder refused to return them to the owner. However, the defendant was allowed to exculpate himself by oath, so this action was displaced by that of trover and conversion.
If you choose to file a lawsuit without an attorney, you first must go to the offices of the Clerk of the GDC in the city or county where: • the defendant lives, is employed or has a regular place of business; • the incident upon which your claim is based took place; or, • if the defendant is a corporation, its ...
Alternative Legal Actions Other legal remedies may be more appropriate than a replevin action, depending on why the court denied the replevin action. These might include: An action for monetary damages. A claim for trespass to chattels, based on substantial interference with the use of your personal property.
Replevin is an action seeking return of personal property wrongfully taken or held by the defendant. In exchange for the personal property, the plaintiff in the action pledges a security and is allowed to hold the property until the case is resolved by the court.
Detinue is an action to recover the wrongful detention of goods or possessions.
Replevin can also refer to a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions). Replevin may be ordered as a final judgment, or in some jurisdictions, as a provisional remedy.
Creditors use replevin actions to recover collateral when debtors default on secured loans. For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments.
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.
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.
More info
The process of starting a replevin action usually begins with filing a complaint. A proceeding in detinue to recover personal property unlawfully withheld from the plaintiff may be brought on a warrant or motion for judgment.How to Fill Out Revisable PDF Forms. This is archived content from the U.S. Department of Justice website. The information here may be outdated and links may no longer function. Executive Secretary including their current revision dates. Can someone please show me the writ of replevin documentation I CAN fill out. INSTRUCTIONS: Before completing the form, read the Privacy Act and Respondent Burden on Page 3. Allowance of attorney fees out of unrepresented shares. The four sections are Summons and Complaints, General Writs of Execution, Garnishments and Foreclosures.