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Florida Statement of Claim For Return Of Property (Replevin-Second Hand Dealer)

State:
Florida
Control #:
FL-SKU-4179
Format:
PDF
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Description

Statement Of Claim For Return Of Property (Replevin-Second Hand Dealer)

A Florida Statement of Claim for Return of Property (Replevin-Second Hand Dealer) is a legal document used by an individual to reclaim property that was taken from them by a second-hand dealer. This document must be filed in the circuit court of the county where the property was taken. It is used to demand the return of the items taken and to hold the second-hand dealer responsible for any damages that may have occurred due to the property being taken. The claimant must identify the items taken, provide a description of the property, and state the date, time, and place of the incident. They must also provide the name and address of the second-hand dealer, the name and address of the person who took the property, and an itemized list of damages. The claimant must also sign the document and have it notarized. There are two types of Florida Statement of Claim for Return of Property (Replevin-Second Hand Dealer): the Repletion Complaint and the Repletion Bond. The Repletion Complaint is the document used to initiate the repletion process, and it must be filed in the circuit court. The Repletion Bond is a bond posted between the claimant and the second-hand dealer that is used to secure the return of the property once it is returned to the claimant.

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FAQ

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 monetary damages (the more commonly sought-after remedy).

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.

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.

Replevin, also called revendication, a form of lawsuit in common-law countries, such as England, Commonwealth countries, and the United States, for return of personal property wrongfully taken and for compensation for resulting loss. Replevin is one of the oldest legal actions, dating to the 14th century.

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.

Basic steps for getting a Writ of Replevin. Prepare a Complaint for Replevin.Prepare Replevin Summons (Notice to Appear in Court). File the original documents with the court. Serve copies of each document on the defendant(s). If the defendant does not respond within 20 days, file for a default.

78.01 Right of replevin. --Any person whose personal property is wrongfully detained by any other person or officer may have a writ of replevin to recover said personal property and any damages sustained by reason of the wrongful taking or detention as herein provided.

The criminal court has jurisdiction to determine ownership, to order return or other disposition of the property, and to order appropriate restitution to any person. Such order shall be entered upon hearing after proper notice has been given to the secondhand dealer, the victim, and the defendant in the criminal case.

More info

This is an action to recover possession of personal property. By answering a number of questions, this website will help choose and complete the forms you need to file a small claims case.Forms Assistant Website here. Wrongful Dismissal; Return of Personal Property (Replevin); Other. For samples of the above listed types of claims, see the section Filing a Civil Claim. The basis for this application is indicated in the documents that are enclosed with this Notice. Counsel - Legal adviser; a term used to refer to lawyers in a case. Court to order a defendant to return property in his or her possession back to the plaintiff. NOTICE: Small Claims laws change often. This page lists various forms for conducting business with the Clerk or Courts.

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Florida Statement of Claim For Return Of Property (Replevin-Second Hand Dealer)