An ejectment proceeding is an action to recover the possession of land, subject to all the regular rules of civil procedure. Statutes may regulate ejectment actions to prescribe the general form of the declaration or complaint. Otherwise, it is generally sufficient for the plaintiff to allege his or her possession of the premises in controversy, the subsequent entry of the defendant, and the defendant's withholding of the premises from the plaintiff. This form is a generic complaint and adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Florida Complaint, Petition, or Declaration for Recovery of Possession of Property due to Fence Built by Adjoining Landowner on Plaintiff's Property
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How to fill out Complaint, Petition, Or Declaration For Recovery Of Possession Of Property Due To Fence Built By Adjoining Landowner On Plaintiff's Property?
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FAQ
Replevin actions involve disputes over ownership or possession of personal property, such as cars, boats, or artwork. The plaintiff must prove that they have a right to possession of the property and that the defendant wrongfully took or is wrongfully detaining the property.
Initial Filing Fees Filing TypeCostTenant eviction with no damages (Non-Monetary)$185Tenant eviction with damages up to $15,000$300Tenant eviction with damages more than $15,000, up to $30,000$400Tenant eviction with Distress for Rent writ$270
Replevin is the procedure where any person may recover personal property that is wrongfully detained by another and recover any damages by that wrongful detention or taking because you are deprived of the use of your property.
You must write and file a response with the court within 20 days of receiving the summons and complaint. If you do not file a response with the court on time, the Plaintiff may automatically win the ejectment action.
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).
The statute of limitations depends on the type of replevin action you're filing. For general replevin, you only have 15 days from the date of wrongful repossession. If the repossession was due to nonpayment of rent, you have 30 days. You also have to check the correct venue for filing the replevin action.
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.
Ejectment is a circuit court lawsuit filed pursuant to Florida Statute Chapter 66, to request that another person leave your property when they incorrectly claim title to that property. READ ALL OF THE INFORMATION AND INSTRUCTIONS BEFORE COMPLETING THE FORMS AND SUBMITTING THEM FOR FILING.