Arizona Repossession Affidavit

Read all of the paperwork that you receive from the court. Return the vehicle immediately to the rightful owner. Show proof of ownership if you want to dispute the claim. Speak with a licensed attorney in your area. Show up for the court hearing.

The creditor must provide you with written notice of its intent to seek an order of replevin, and certain due process requirements apply. For example, you need to have an opportunity to be heard before the court issues the replevin order. You will receive written notice of the time, date, and location of this hearing.

Replevin, also known as "claim and delivery," is an action to recover personal property that was wrongfully taken or detained. Unlike other forms of legal recovery, replevin seeks the return of the actual thing itself, as opposed to money damages (the more commonly-sought after remedy).

The cost of a replevin bond varies based on your financial information, such as credit and financial statements. Usually the cost of a replevin bond is between 1% and 3% of the total bond amount, and the surety will require collateral equal to the value of the bond.

Replevin is an action of civil law, not criminal law. Therefore, because of the differing burden of proof, a defendant found not guilty of criminal theft may nevertheless be required to return the disputed item or items in civil court.

To win a replevin action, you must show that you are entitled to immediate possession of the property. (Note: It is possible to own or have title to property but not have the right to possess it immediately. In that case, you cannot win a replevin action.)

Replevin is a action or a writ issued to recover an item of personal property wrongfully taken.Almost all states have made replevin an obsolete action, since the states have adopted "one cause of action" for all civil wrongs.

To obtain an order authorizing the issuance of a writ of replevin prior to final judgment, the plaintiff shall first file with the clerk of the court a complaint reciting and showing the following information: 1) a description of the claimed property; 2) a statement that the plaintiff is the owner of the claimed ...

An action for replevin is brought by filing a Complaint in the appropriate County. After the filing of the Complaint in replevin, in order to take immediate possession of the property, the party seeking the property can seek a writ of seizure from the Court.

No- a large part of any tort lawsuit is set side for deciding which type of remedy is appropriate for the victim. Generally speaking, restitutionary and equitable remedies are not available if legal damages will be claimed by the plaintiff.A common combination of remedies is replevin coupled with legal damages.