Legal Personal Property Petition

LEGAL PERSONAL PROPERTY PETITION

Petitioner Name:   Petitioner Address:

Respondent Name:   Respondent Address:

Case Number (if known):   Filing County:

RECITALS

WHEREAS, Petitioner alleges that Petitioner is the lawful owner or entitled possessor of certain personal property described below and that Respondent unlawfully retains, detains, or interferes with Petitioner's possession of that property; and

WHEREAS, Petitioner seeks an order from the court requiring turnover, replevin, or other appropriate relief to restore possession to Petitioner, together with damages and any ancillary relief permitted by law; and

WHEREAS, Petitioner asserts that this Court has jurisdiction over the parties and the subject matter and that venue is proper in the county specified herein.

NOW, THEREFORE

Petitioner respectfully petitions the Court for an order granting the relief set forth below and alleges as follows:

1. PARTIES AND STATUS

1.1 Petitioner is an individual or entity identified above and has standing to bring this action as the owner, lawful possessor, or assignee of an ownership interest in the personal property at issue.

1.2 Respondent is the person or entity identified above who is alleged to be in possession of, or exercising control over, the property described in Section 3.

2. JURISDICTION AND VENUE

2.1 This Court has jurisdiction over this dispute pursuant to applicable state statutes governing actions for recovery of personal property and for damages for wrongful detention.

2.2 Venue is proper in this county because the property is located in this county and/or the acts giving rise to this petition occurred within this county.

3. DESCRIPTION OF PERSONAL PROPERTY

3.1 The personal property that is the subject of this petition is described as follows. Provide specific details sufficient to identify the property, including make, model, serial numbers, identifying marks, and any documentation evidencing ownership.

3.2 Estimated fair market value of the described property: $

4. FACTUAL ALLEGATIONS

4.1 On or about , Petitioner delivered or otherwise held the property described above and at that time was in lawful possession or ownership of the property.

4.2 Respondent took possession of, detained, concealed, converted, or otherwise exercised wrongful control over the property without Petitioner's consent and has refused or failed to return the property upon demand.

4.3 Petitioner has made demand for return of the property on , by the following method: .

5. CLAIMS FOR RELIEF

5.1 Replevin/Turnover: Petitioner seeks an order requiring immediate return or turnover of the personal property described in Section 3 and entry of judgment for possession in favor of Petitioner.

5.2 Damages: Petitioner seeks compensatory damages for the value of the property or for loss of use, including reasonable interest, costs of suit, and any consequential damages permitted under applicable law in the amount of $.

5.3 Alternative Relief: In the event the Court declines immediate turnover, Petitioner seeks security, attachment, impoundment, or other provisional relief necessary to preserve Petitioner's interest pending final hearing.

6. BOND AND SECURITY

6.1 Petitioner is willing to post a bond or other security as may be required by statute or the Court to secure costs, damages, and any return of property to Respondent should Respondent prevail on the merits. Desired bond amount (if known): $.

7. NOTICE TO RESPONDENT

7.1 Respondent is hereby put on notice that Petitioner will seek immediate judicial relief and that failure to answer or appear may result in judgment and order for turnover or replevin as requested herein.

8. PRAYER FOR RELIEF

WHEREFORE, Petitioner requests that the Court enter judgment in Petitioner's favor and provide the following relief:

a. An order directing immediate return or turnover of the personal property described in Section 3;
b. Compensatory damages in the amount requested in Section 5.2;
c. Pre- and post-judgment interest, costs of suit, and reasonable attorney's fees where permitted by law;
d. Such provisional relief (bond, attachment, impoundment, or otherwise) as necessary to preserve Petitioner's rights pending final disposition; and
e. Such other and further relief as the Court deems just and proper.

9. VERIFICATION

I declare under penalty of perjury under the laws of the state that the foregoing is true and correct to the best of my knowledge and belief.

10. MISCELLANEOUS PROVISIONS

Governing Law: This Petition shall be governed by and construed in accordance with the laws of the state in which this Petition is filed.

Entire Agreement: This Petition contains the entire statement of Petitioner's claims for relief and supersedes any prior oral or written statements with respect to the subject matter herein.

Severability: If any provision of this Petition is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Amendments; Waiver: No amendment or waiver will be effective unless in writing and signed by the party making the amendment or waiver.

NOTICES

Any notice required or permitted under this Petition shall be in writing and shall be deemed given when personally delivered or when deposited in the United States mail, postage prepaid, addressed to the parties at the addresses set forth above or to such other address as a party designates by written notice.

Sign Now