When someone takes your property wrongly and refuses to give it back, you can file a replevin action.
Creditors use replevin actions to recover collateral when debtors default on secured loans. For example, a bank might file a replevin action against a borrower to repossess the borrower’s car after he missed too many payments.
This article explains what a replevin action is and how it can help you recover personal property.
Let’s get started.
What Is a Replevin Action?
Replevin action, replevin, or writ of replevin are legal terms describing court cases involving the wrongful possession of personal property.
It allows creditors to repossess equipment, card, machinery, business assets, boats, livestock, and any other property the client fails to pay for it. Individuals can also use it to take back their personal property, such as animals.
While replevin action is allowed for personal property, it doesn’t apply to real property.
Example of a Replevin Action
If a debtor defaults to a secure loan, a creditor can use a replevin action to recover collateral. For instance, a lender can file a replevin complaint against a borrower to repossess their car after failing to make repayments.
Another example is a family member can file for replevin against the deceased person’s administrator. Also, a business can take back the stolen property that is crucial for running that business.
How to File a Replevin Action?
A replevin action begins when someone files a complaint within the right jurisdiction. It’s always advisable to make the complaint in the jurisdiction that the material is being held. But if you aren’t sure of the jurisdiction, you can file a replevin in the project’s location.
You must describe the property you’re seeking replevin for, its value, location, and other facts that support your claim.
You will then obtain a writ of replevin document that you can use to repossess the property or ask for payment from the person who has not returned the property.
What To Watch Out For
Before you file a replevin action, make sure you know the name of the defendant and where the property is located. Also, bear in mind that you may be needed to pay a fee (usually refundable) to the court until the judge decides on who gets to possess the property permanently.
Again, you need to know the property’s value. Note that the property’s value influences the steps for filing a replevin. For instance, there may be a pre-trial conference you should attend.
How to Win a Replevin Action?
You should prove that the property is yours and that you have a right of its immediate possession to win a replevin action. Note that sometimes you may own and have title to the property but you’re not legally allowed to possess it immediately. In such a case, you may not win the replevin claim.
Should you win the replevin action, you will be issued with a writ of replevin. This document directs the defendant to return the property to the rightful owner. Plus, it also permits the sheriff to repossess the property in question from the defendant.
FAQ
What is a writ of replevin?
It’s a legal document demanding a defendant to return the property they wrongfully possess to the plaintiff. As such, the defendant can’t use the property in question until the trial is over.
Who has a right of replevin?
Any person can file a right of replevin if they feel their property has been wrongfully taken or detained. However, they must prove their eligibility to own the property immediately.
What is a replevin complaint?
It’s a claim requesting repossession of seized goods. The plaintiff, in this case, claims the right of personal property that has been taken by a defendant and in which they seek to recover it.
Do I need a replevin Michigan lawyer?
Yes. Working with a lawyer experienced in such cases is the best way to win a replevin action. Make sure your lawyer has the right expertise needed and is committed to helping you.
When to Hire a Debt Collection Attorney?
A debt attorney can help you develop legal strategies to recover debt from clients who are not paying. They will fill and file the paperwork on your behalf and represent you in court during a trial.
So, when would you need a debt collection attorney? Here are situations that might require you to hire one;
- If you expect to have a court trial – sometimes you may chase your debt for a long time without success. In that case, your only hope is to take it to court for a legal judgment to get your money back. Therefore, you need an experienced debt collection attorney in this field to help you get a pleasant ruling.
- If your client is an enterprise or owes you at least $5.000 – large companies have the resources needed to fight creditors compelling them to pay their debt. But since debt attorneys know how these companies work, they can get them to corporate and repay debts.
Alternatively, if you don’t want to sue, you may need to send demand letters.
These documents allow you to explain yourself and warn the client to pay their debts to avoid legal actions. Such a document can motivate non-paying clients to clear their debt.
Need Help Filing a Replevin Action? Contact Hanna & Jarbo
Hanna & Jarbo achieves debt collection 85% of every case. You won’t find better debt collection services anywhere in the Midwest.
We use creative solutions and principled fundamentals to get debtors to pay their dues. Plus, our law firm complies fully with FDCPA, FCRA, HIPAA, TCPA, and GLB standards.
Specialty Areas
Several reasons make us the best law firm in Midwest. Not only do we use an excellent debt collection module, but we also act quickly. Our company can help you recover debts past the due date, those charged off, and delinquent ones.
We can help identify the debtors, verify accounts, and collect debts after judgment. We will work with you through all stages to help ensure that you get your money back safely, seamlessly, and in full. Again, we also advise clients on how to protect their business when offering credit.
Here is a list of our services;
- Supplier Account Receivables
- Returned Checks (including charge-back credit card payments)
- Landlord-Tenant Debt & Money Judgments
- Charged-off or non-paying commercial credit portfolios
- Construction debts
- Auto loan and deficiencies
- General loans, notes, and credit lines in default
- Secured and unsecured judgments or liens
- Foreign (non-Michigan) judgments
- Mortgage/Land Contract deficiencies
- Other commercial paper receivables
What Does Working with Us Look Like?
- Set up a free consultation call. We’ll explain everything you need to know about debt collection.
- Give us your debtor’s information. We need to know what to collect. Invoices, IOUs, leases, or promissory notes. Whatever you’ve got, we can use it.
- Sit back and relax. You don’t have to do anything further while we track down and collect your debt. We’ll do whatever is necessary to get your money back.
Why Work with Us?
We understand the frustration of chasing after debts. That’s why we do everything for you so that you won’t have to worry about it. While quality is our priority, we also don’t intend on denting your pocket – our services are cost-effective.
We aim at getting it right the first time. We achieve an 85% success rate on all debt recoveries for our clients. It is why we are considered the best in Midwest.
If you are ready to get your debt back, contact us and recover what is rightfully yours.