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Home Self Help Recovering Personal Property (Replevin)
Home Self Help Recovering Personal Property (Replevin)
Recovering Personal Property (Replevin)
These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.

  • General Information for Recovering Personal Property (Replevin)
    • What is a Replevin case?
      • A Replevin case is a court action in which one person (the Plaintiff) seeks to recover possession of personal property wrongfully taken or detained by another (the Defendant), plus money damages (if any) for the Defendant’s unlawful possession of the property.

        The claim amount is limited to the value of $15,000.00 in County Court. If the value of the property exceeds $15,000.00 you must file in District Court.

        For additional information, please review Rule 104 of the Colorado Rules of Civil Procedure or Rule 404 of the Colorado Rules of County Court Civil Procedure.

        Your case must be filed in the County in which the property is currently located.

         

  • How do I file my Replevin case?
    • Filing a Replevin case
      • See JDF 115 Instructions for Replevin for complete instructions on how to complete the required forms.

        Your case must be filed in the county in which the property is currently located.

        Keep a copy of each form for your own records and make a copy to provide to the other party.

        Complete these forms and file them with the court:

        Fill out JDF 116 Verified Complaint in Replevin and Exhibit A

        Fill in all the blanks on the JDF 116 Complaint form. You are the Plaintiff and the person you are suing is the Defendant. If you are filing against multiple Defendants in the same case, list all of the Defendants.

        *In item six (6) explain why you believe you are entitled to get the property back; how the Defendant got possession of the property and why you believe the Defendant keeping the property is wrong.

        You will need to list all property on Exhibit A that you are seeking to have returned to you and the approximate value of each property item listed. You may list property by category (e.g. books or videos), but items of significant value (e.g. televisions, stereos, furniture, jewelry) should be separately listed item by item.

        If you have any documents that can prove your right to possession of the property (such as certificate of title, contract, bill of sale, etc.), refer to the documents in this paragraph, attach copies to the Complaint, and identify as "Exhibit B". Keep the originals for presentation as evidence at trial.

        Fill out the caption only on the CRCCP Form 1  Summons and the CRCCP Form 3 Answer Under Simplified Civil Procedures. The Court will provide you with a case number, division, and courtroom when you file your case. When you receive this information enter it on both forms. In addition, enter the case number on the upper portion of the Return of service, so that the Court can match this document to the appropriate case when filed back with the Court.

        Fill out the caption box on JDF 117 Order to Show Cause. The Court will complete the other sections. The Court will also give you a court date, which should be scheduled within 7 to 14 days of your filing your case.

        File the documents with the Court. If the JDF 116 Complaint hasn't been signed in front of a Notary, you will sign it in front of the clerk when you file it with the Court.

         

         

         

         

  • Forms and Filing fees
    • 1. Forms
    • 2. Filing Fees
      • Filing Fees

        Filing fees are listed here.

        Unable to afford a filing fee? Visit our File Without Payment page.

        * If you do not think you can afford the filing fee, go to the instructions and fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and the caption box at the top of JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee. The court will either 1) waive the fees, 2) set up a payment plan or 3) have you pay the fees.

  • How do I serve the other party?
    • How to provide personal service
      • Service of Process provides information on how to serve the Defendant(s) in your case.

        You are responsible for paying the service fees, if any. Personal service must be performed by someone who is 18 years or older and not a party in the case. Service must be completed at least 7 days before the appearance/answer return court date.

        Provide the person who will complete service a set of the following forms for each Defendant:

        CRCCP 1 Summons

        JDF 116 Verified Complaint in Replevin

        JDF 117 Order to Show Cause

        CRCCP 3 Answer

        In addition, attach the appropriate exhibits.

        Provide the process server with a JDF 98 Affidavit of Service for each Defendant.

        When Service has been completed, return the original CRCCP Form 1 Summons with the JDF 98 Affidavit of Service to the Clerk of the Court on or before the date you are to appear in Court. This will provide proof of service for the court.

         

  • What do I do if I'm being sued?
    • Steps to take if you are being sued.
      • See JDF 96 Instructions for Filing an Answer and/or Counterclaim for complete instructions on how to complete the required forms.

        As a Defendant, you can file a CRCCP Form 3 Answer with the Court, stating in writing your defense(s).  You can also file a Counterclaim with any accusations against the Plaintiff. The Counterclaim is included in the CRCCP Form 3, as well.

        The purpose of the Answer is for you, the Defendant, to respond to the accusations in the complaint and to state any claims against the Plaintiff that you might have.

        The Answer and/or Counterclaim can be filed with the Court on the date of your court appearance (listed on the Summons you were served) or before that date.

        You may also request a trial by jury if the jury demand fee is paid, along with the Answer or Counterclaim fee. There is a jury demand fee if the case is filed in county court and a different jury demand fee if the case is filed in district court.

  • What will happen at the Show Cause hearing?
    • How do I prepare for the Show Cause hearing?
      • Be at Court on time for your scheduled court hearing. If you fail to appear, your case may be dismissed.

        Be prepared for your hearing. Complete the following forms and bring them to court with you:

        JDF 118 Judgment and Order for Possession

        JDF 119 Prejudgment Order for Possession After Hearing

        JDF 120 Bond in Replevin

         

        At the end of the hearing, the Court has several options. The following are the more common options:

        The Court may enter a JDF 118 Judgment and Order for Possession in your favor. If the Court does this, it means you have won your case, and the Defendant will be ordered to return the property to you. If this is the result of your hearing, you should give the Judge the JDF 118 Judgment and Order for Possession form for his/her signature. Attach a copy of "Exhibit A" that you filled out on the JDF 116 Complaint.

        The Court may enter a JDF 119 Prejudgment Order for Possession after Hearing, if it is determined that you are entitled to possession of the property pending a final hearing. If this is the result of your hearing, you should give the Judge the JDF 119 Prejudgment Order of Possession after Hearing form for his/her signature. Attach a copy of "Exhibit A" to the Order. The Court will set another court date for final resolution. In the interim, the Court’s Order will direct the Sheriff’s Office to take all the property from the Defendant and keep it in its custody until further order.

        The Court may require a bond before ordering the Sheriff to seize the property, to protect the rights of the parties. If you are required to post a bond, complete the JDF 120 Bond in Replevin form.

        The Court may continue the hearing to another date to allow additional testimony.

        The Court may deny your request for possession on the grounds that the Court does not find that you are entitled to get your property back. If the Court denies your claim, the Court may set your case for another hearing at which time you can bring additional proof of your right to possession, or judgment will be entered for the Defendant and your case will be dismissed. The Defendant will keep the property.

         

  • What happens after the Show Cause hearing?
    • After the Show Cause hearing
      • What you need to do following the hearing depends upon how the Court rules at the hearing.

        If the Court ruled in your favor and awarded you a judgment and JDF 118 Order for Possession, the Defendant must return the property to you. If the property is not returned, you will need to get from the Clerk of Court a certified copy of the Court’s Order. You will need to prepare a JDF 121 Writ of Assistance for the Clerk of Court to issue. Both documents must be provided to the Sheriff to seize the property and return it to you.

        If the Court issued a JDF 119 Prejudgment Order for Possession After Hearing, you will need to obtain from the Clerk of Court a certified copy of that Order. You will need to provide a JDF 121 Writ of Assistance form for the Clerk of Court to issue. Both documents must be provided to the Sheriff to seize the property and return it to you. You and your witnesses will also need to attend any future hearing that the Court may set.

        If the Court continued the hearing to another date, you and your witnesses will need to attend at that time.

        If the Court entered a judgment for the Defendant and dismissed your case, you have lost the case and will not be given possession of the property.

        If the property is returned to you through the Sheriff’s Office, the Sheriff’s Office is entitled to payment of its fees and expenses for seizing and storing the property during the time prior to releasing the property to you. If you do pay any such fees or expenses, you should take your receipt to the Clerk of Court to be recorded as court costs, which may then be collected from the Defendant.

        Once your property is returned to you, you should examine it carefully and make a complete inventory of what was returned. Determine whether all of your property has been returned and whether it is in the same condition as when it was taken. If any of your property is missing, or has been damaged or destroyed, you are entitled to make a supplemental application to the Court for an award of damages against the Defendant to pay for your loss.

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