MCF No.

60
Application for Writ of
Replevin

Original Court, 1st Copy Plaintiff, 2nd Copy Defendant, Other copies as needed

APPLICATION FOR WRIT OF REPLEVIN

INCLUDED WITH INITIATORY PLEADING
UNDER RULE 60

In support of this Application for a Writ of Replevin, the Applicant

repleads by reference all the factual allegations in the
Complaint
Counterclaim
Cross-claim
Third-Party/Fourth-Party Complaint
and additionally states that:

1. Applicant is the owner of the property claimed, or is entitled to its

possession;
2. The property sought to be recovered is more particularly described
as follows:
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
(describe property/ies)

3. The property is wrongfully detained by the adverse party, his

successors, assigns, agents, or representatives;
4. The cause of detention, to the best of applicants knowledge,
information, and belief, is:
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
(state cause of detention and use additional sheets if necessary)

5.
The property sought to be recovered has not been distrained or
taken for a tax assessment or a fine pursuant to law, or seized
under a writ of execution or preliminary attachment, or seized
and placed under custodia legis;
The property has been so seized, but it is exempt from such
seizure or custody;

6. The actual market value of the property is P _________________;

7. Applicant is ready and able to post a bond executed in favor of the

adverse party, in an amount double the value of the property as
stated in paragraph 6 above, conditioned upon the return of the
 property to the adverse party if such return is adjudged and the
Applicants payment to the adverse party of such sum as may be
recovered from the applicant;

8. Applicant is praying for the issuance of a writ of replevin under

Rule 60;

9. Judicial Affidavit/s of the Applicant (and his/her/its witnesses)

is/are submitted in support of this Application.

___________________
Applicant

PROOF OF SERVICE
A copy of this Request was served upon:
Persons Name Method Place Served Date Served
Branch Sheriff Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Attaching Party Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Proof of such service is attached to this Request as an Annex.

Date Party/Partys Counsel Name and Signature

SPECIAL INSTRUCTIONS

JUDGMENT
After trial of the issues the court shall determine who has the right of possession to and
the value of the property and shall render judgment in the alternative for the delivery
thereof to the party entitled to the same, or for its value in case delivery cannot be made,
and also for such damages as either party may prove, with costs. (Rule 60.9)

APPLICATION FOR WRIT OF REPLEVIN INCLUDED WITH page 2 of 2

INITIATORY PLEADING