Fill and Sign the Complaint Replevin Form

JDF 116 R8-18 VERIFIED COMPLAINT IN REPLEVIN Page 1 of 4  County Court  District Court __________________________ County, Colorado Court Address: Plaintiff(s)/Petitioner(s): v. Defendant(s)/Respondent(s): COURT USE ONLY Attorney or Party W ithout Attorney (Name and Address): Phone Number: E-mail: FAX Number: Atty. Reg. #: Case Number: Division Courtroom VERIFIED COMPLAINT IN REPLEVIN The Plaintiff(s) brings this action to recover the possession of p ersonal property pursuant to Rule of Civil Procedure 104 or Rule of County Court Civil Procedure 404. In support of this Complaint, the Plaintiff(s) states: 1. This  County Court  District Court has jurisdiction over this matter pursuant to §13 -6-104(1), C.R.S. based on the value of the personal property claimed being $ __________________. 2. Venue is proper as the Defendant(s) resides in this county, and all acts pert aining to the claims identified in this complaint took place in this county. 3. A complete list and valuation of the personal property claimed is attached to this Complaint and marked as “Exhibit A”. 4. Plaintiff is the owner of the property claimed or is en titled to possession of the property because :  The Plaintiff’s interest in such property is based upon a written instrument.  Copies are attached and marked as “Exhibit B”. 5. Plaintiff’s property is wrongfully being detained by the Defendant(s) against the Plaintiff(s)’ claim of right to possession. JDF 116 R8-18 VERIFIED COMPLAINT IN REPLEVIN Page 2 of 4 6. The means by which the Defendant(s) came into possession of the property and the specific facts constituting detention against the right of the Plaintiff(s) to possession are as follows: (State the source of your right to the property, how the Defenda nt(s) took possession, and why you believe the Defendant(s) is/are wrongfully detaining the property from you.) 7. To the best of the Plaintiff(s)’ knowledge, information and belief, the Defendant(s) residence and business address are as follows: Residence Address Business Address 8. To the best of Plaintiff(s) knowledge, information and belief, the property at issue presently is located at the following address: 9. Plaintiff(s) has made demand upon the Defendant(s) for return of the property. Plaintiff(s) has not received the property from the Defendant(s) despite such demand and c ontinues to be deprived of the use and enjoyment of the property. 10. The property at issue has not been taken for a tax assessment or a fine pursuant to statute; or seized under an execution against the property of the Plaintiff(s); or if so seized, it is b y statute exempt from seizure. 11. Pursuant to CRCP 104 or CRCCP 404, the Plaintiff(s) is entitled to an order of this Court directing the Defendant(s) to restore the Plaintiff(s) possession of the property listed in “Exhibit A”, or for judgment for the valu e thereof, if delivery cannot be made, and for damages for detention of the property. JDF 116 R8-18 VERIFIED COMPLAINT IN REPLEVIN Page 3 of 4 WHEREFORE, Plaintiff(s) respectfully requests the following relief:  That the Court issue an Order to Show Cause directed to the Defendant(s) to show cause why the property listed in the Complaint should not be taken from the Defendant(s) and delivered to the Plaintiff(s);  That the Court set a Show Cause Hearing within 14 days as required by CRCP Rule 104(c) or CRCCP 404(c), to make a preliminary determination concerning the right to possession of all property described in the Complaint;  That the Court enter judgment for the Plaintiff(s) for the possession of the property listed in the Complaint or for the value thereof, in case delivery cannot be made, plus d amages for detention and for any property not returned or returned in damaged condition; and  That the Court award the Plaintiff(s) court costs, attorney fees (if any), plus such other relief as is just and proper.  Other:   By checking t his box, I am acknowledging I am filling in the blanks and not changing anything else on the form.  By checking this box, I am acknowledging that I have made a change to the original content of this form. VERIFICATION I declare under penalty of perjur y under the law of Colorado that the foregoing is true and correct. Executed on the ______ day of ________________, _______, at ______________________________________ (date) (month) (year) (city or other location, and state OR country ___________________________________ ______________________________________ (printed name of Plaintiff/Petitioner) Signature of Plaintiff/Petitioner ___________________________________________________________________ _______ ________________ Address _______________________ _________ ______________________ _____________ _______________________ Phone Number (Home) (W ork) VERIFICATION I declare under penalty of perjury under the law of Colorado that the foregoing is true and correct. Executed on the ______ day of ________________, _______, at ____________________________________ __ (date) (month) (year) (city or other location, and state OR country ___________________________________ ______________________________________ (pri nted name of Plaintiff/Petitioner) Signature of Plaintiff/Petitio ner ___________________________________________________________________ _______ ________________ Address _______________________ _________ ______________________ _____________ _______________________ Phone Number (Home) (W ork) JDF 116 R8-18 VERIFIED COMPLAINT IN REPLEVIN Page 4 of 4 EXHIBIT A Property Seized Value TOTAL