Sep 16, 2011 · Replevin is a provisional remedy that is usually ordered before a judgment. You typically file a complaint asking for return of the property and also file an affidavit that you are entitled to possession. The Court will usually enter the replevin order before a judgment is entered. The basic steps are outlined in A.R.S. 12-1301 et seq.

Oct 1, 2014 · Yes, as long as a claim for money is also part of the small claims lawsuit. Prior to 2009, various statutes granted a person the right to seek declaratory or injunctive relief in small claims court, but the Small Claims Act did not provide the explicit authority to order such relief.

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Aug 5, 2014 · As you can see by Mr. Swan's response, seeking a writ of replevin is more complicated than one would think, The procedures are jurisdiction specific. Frequently, individual counties have their own requirements as far as enforcing them. It is very easy to make a mistake. Many attorneys have never done a complaint and motion for replevin.

Jan 20, 2022 · You need to file a Complaint alleging the basis for replevin and asking the court for it along with a summons to start the case. It, of course, must comply with the Oregon Rules of Civil Procedure, the Uniform Trial Court Rules, and the Supplementary Local Rules.

Aug 20, 2014 · Colorado's statute of limitations for replevin is C.R.S. section 13-80-101(1)(h) and provides a three-year limitations period. The statute states: "The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within three years after the cause of action accrues, and not ...

Aug 24, 2023 · What happens to a replevin case after it’s dismissed for want of prosecution? The plaintiff didn’t show up. My husband recently found out that back in June he had court for a vehicle we have that is in repossession.

Oct 6, 2016 · In general, however, if a Plaintiff files for a Writ of Replevin, the Court will issue a show cause order. If after the show cause hearing, the court decides that a Writ should be issued, the Writ directs the Sheriff to pick up the vehicle.

The court issued a Writ of Replevin against my car a few months ago. I filed for Chapter 7 bankruptcy and that put an automatic stay on the case, but after my bankruptcy was finished, I assume that the court may have issued another Writ of Replevin.

Jun 4, 2023 · Replevin is abolished, but detinue action exists in Virginia. If a debtor hides the property, then Creditors can use a detinue action to get a court order to repossess the property. Regarding arrests, if one refuses to follow the court order, then it is a possibility.