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In its simplest terms, replevin is a procedure whereby seized goods are restored to their owner (creditor) at the beginning of a lawsuit. If you ever find yourself in the unfortunate position of needing to retrieve vehicles, equipment, or any personal property in California, the replevin is a very useful tool.
Prepare a Complaint for Replevin. Attach any proof of a bill of sale, title to the property, and photographs of the property to your complaint. The replevin complaint should include a complete and accurate description of the property sought. Prepare Replevin Summons (Notice to Appear in Court).
Your Response must show a good reason (?cause?) for not following the Court's rules, directions or deadlines. You must also do anything else the Order tells you to do. file a Response and/or other document. It is very important to follow the deadline ? missing the deadline could cause you to loose your case.
The replevin remedy is quick. The hearing on the writ will typically take place within 50 days of filing the lawsuit. The writ should be to the sheriff within 10 days after the hearing. The writ itself is good for 60 days, and the sheriff generally makes more than one attempt at recovery.