How it Works:
The basic idea is that you petition a Judge to order a person to return your property because they have defaulted on a payment on a note secured by the property. That’s all.
A Writ of Replevin currently cannot be filed in a Small Claims Court in California. I have heard of people petitioning a Small Claims Judge for a Writ of Replevin and the Judge granting the Writ of Replevin, but currently there are only 4 Equitable Remedies in Small Claims (Recision, Restitution, Reformation, and Specific Performance). I am going to be attempting to Spearhead a California Small Claims Replevin Citizen’s Initiative, but currently, Limited Civil and Unlimited Civil are the only options for certain. You can attempt to file in Small Claims, but it is only something I have heard people say they have seen. I have never seen it.
The Nuts and Bolts:
- Fill out this form: http://www.courts.ca.gov/documents/cd100.pdf
- There are more forms at: http://www.courts.ca.gov/forms.htm?filter=CD
- Follow the Appropriate County Sheriff Procedure or Reposession Company Procedure. This is the LA County Sheriff Procedure Website Page for Replevin: http://civil.lasd.org/CivilProcess/cwig04.aspx?1
- Contact me if you would like me to assist you with any of the documents.
James F. Polk, LA County Ind. LDA Reg. #2017038148