Colorado Writ of Replevin or Repossession

State:
Multi-State
Control #:
US-01275
Format:
Word; 
Rich Text
349 downloads

Description

This form is a Writ of Replevin. The Writ of Replevin provides that the sheriff or any law enforcement officer may take into possession certain property identified on sale tickets attached to the Writ. The document also requests that the defendant be summoned to appear before the court and to answer the suit of the plaintiff for the wrongful detention of the property.
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FAQ

For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments. See Debtor and Creditor Law. 2. A writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions).

Rule 104 - Replevin (a) Personal Property. The plaintiff in an action to recover the possession of personal property may, at the time of the commencement of the action, or at any time before trial, claim the delivery of such property to him as provided in this Rule. (b) Causes, Affidavit.

A Writ of Replevin in Florida is a legal action that creditors can use to get their property back when a debtor cannot or will not pay up. If a debtor doesn't pay, replevin additionally allows creditors to recover financial losses resulting from the unpaid debt and wrongfully claimed property.

Rule 104 - Replevin (a) Personal Property. The plaintiff in an action to recover the possession of personal property may, at the time of the commencement of the action, or at any time before trial, claim the delivery of such property to him as provided in this Rule. (b) Causes, Affidavit.

(1) A defendant shall file his answer or other response within 21 days after the service of the summons and complaint.

Replevin (/r??pl?v?n/) or claim and delivery (sometimes called revendication) is a legal remedy, which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses.

A Replevin case is a court action in which one person (the Plaintiff) seeks to recover possession of personal property wrongfully taken or detained by another (the Defendant), plus money damages (if any) for the Defendant's unlawful possession of the property.

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.

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Colorado Writ of Replevin or Repossession