What is Replevin? It can really apply in a variety of situations, but mostly known in situations where two parties have the rights to possession of a piece of property, though one has greater rights. In other cases, sometimes a piece of property was supposed to be rightfully released to somebody and wasn’t. There are many laws surrounding Replevin and what applies to a specific situation you may find yourself in.
States common laws used to identify Replevin actions, though now they typically fall under a states civil procedure statute. In most cases, a person will serve papers that show why he or she has a claim to the property in question and this is when these laws are initiated. Then, a sheriff will take initiative to seize the property and deliver it to the person claiming rights to it until a hearing is held in formality. However, most states will allow the person to recover their property before judgment is rendered by the court. This happens by filing a cash deposit or bond with the court to ensure the return of the property to the proper party in the event that they lose. In some cases, however, a defendant may have destroyed or disposed of the property. In some states, when this occurs, they will be charged with contempt of court and ordered to pay money damages to the party to which it belongs.
Where can a person bring a replevin action?
- The country where the property sought is located
- The place where the contract was signed
- The place where the defendant resides
- The place where the “cause of action” or dispute occurred
Car Repossession and Replevin
If you aren’t paying off your car loan, creditors will take the car back through a process called repossession. This is a self-help remedy that allows creditors to take possession of said car and you do not have to be sued first. They don’t even have to give you advanced notice in many cases. Once the creditor takes possession, they can make the decision on whether or not they want to keep the car or sell it.
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If the creditor cannot repossess the vehicle without breaching the peace, then they may seek help from the court through replevin. In this case, they will seek an order from the court that requires you to give the car back to the creditor. If you refuse to abide by the court order, you could be subject to penalties that may range from civil to criminal. However, you are intended to some things. These include written notice of the creditor’s intent to obtain an order of replevin, an opportunity for a hearing, written notice of details that apply to the hearing, and the right to dispute or respond to the complaint.
Before somebody can recover under a replevin action, they must show some things to a court clerk. These include:
- A detailed description of said property for identification purposes
- Statement or belief of the value of the property
- Statement on why you believe you are the rightful owner of the property and are entitled to possession
- Statement that the property is wrongfully detained
If you have questions about replevin, you may want to contact an attorney to review your possible case. Call MDL today to get a free consultation and retain your legal rights from the start!