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How long does it take to get a writ or replevin to be served to take a car?

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2014-10-07 02:13:48
2014-10-07 02:13:48

The length of time will depend on whether or not the opposing party opposes the writ. If not, you might be able to get the order at the first hearing. If not, it could take months or years.

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You are likely thinking of a writ of REPLEVIN. It's a Court Order for the vehicle to be served on the customer for the vehicle.

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get a lawyer they can help you with a writ of replevin.

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In many jurisdictions, about as long as it takes the repossession driver to get to the nearest courthouse and fill out the paperwork.

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See link to other question:What is a writ of replevin?

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It can if the lender gets a writ of replevin, the deputy can take it.

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Its called a writ of replevin and yes sometimes these are used to get the vehicle when your served one of these its either your vehicle or you,but that's your choice.AnswerIt is a long process to get a writ and you will have ample time togive up the car.

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It is wise to seek a writ of replevin any time a debtor threaten violence, makes a statement that he is hiding or refuseing to surrender the vehicle, or when he breaks the peace during a recovery attempt.

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A replevin writ is a court order granted to a complainant to recover goods that have been unlawfully taken or retained. In some instances, the complainant will be required to post a bond before the order is granted.

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Repossession is what is commonly thought of as a "REPO". A self-help repo is permitted by most states. "Writ of Replevin" is the other legal option that a few states require to do the same thing. The state makes money by requiring the Replevin. BOTH have the same effect on your credit. A repo is where a lender contacts someone to pick up the vehicle. You, at that time, do NOT have to surrender the vehicle. A "Writ of Replevin" is where the lender gets a court order signed by a judge for you to surrender the vehicle. It will be served by a Sheriff's officer, with the repo man in tow, and you will then have to let them take the car. Otherwise, you are in contempt and it is not worth it to defy a court order. That is the only time you have to surrender the vehicle.

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An action issued to recover an item of personal property wrongfully taken.

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The complainant would have to be present in order to identify the property specified in the writ, but they could be accompanied by anybody to assist them. Customarily, if there is any conflict expected between the parties, law enforcement will supply an officer to "stand-by" and keep the peace.

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A Writ of Replevin is a court order for the debtor to turn over the property. If the debtor doesnt do so, the debtor is in contempt of the court. What happens to people who are in contempt of a court order? They retire to more peaceful surroundings to consider their need to obey the court order.

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If you are served with a writ of summons, you should appear in court as you were summoned to do. Such writs are legally binding.

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The writ of replevin is a court order to return property that doesn't belong to you, and where the rightful owner does not have the right to repossess them.

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It is actually a Writ of Replevin.A replevin writ is a court order granted to a complainant to recover goods that have been unlawfully taken or retained.In some instances, the complainant will be required to post a bond before the order is granted.Read more: What_is_a_writ_of_replevin

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A Writ of Replevin is a court order stating that you have to give up the car or possibly face jail time for contempt. This is if you are concealing the car. If the car is sitting in your drive, on the street or at your place of employment & it's up for reo then it's game on. The repo driver has every right to secure the banks collateral.

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No.Not if the gate is locked. They would have to get a warrent. * The repo man will not come with a warrant. The Sheriff might if the bank has sued and a court has issued a Writ of Replevin. They can come on your property and as long as they do no damage they can take the car.

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Yes a writ of garnishment can be served to a bank. A writ of garnishment is a process that allows a creditor to seize the property of a debtor.

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It means the court that issued the writ requires that it be served and the results of the service retunred to the court.

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Yes and no. A writ of replevin is a court order to surrender a vehicle. Anyone who interferes with such can be arrested and held in contempt of court. This includes you, or any third party in possession of the vehicle. The mechanic's lien is a matter between you and the mechanic. If the repossessed vehicle is sold, and the proceeds exceed the amount of the original remaining loan balance, then any remaining money from the sale must be paid to the mechanic to satisfy his lien.

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That depends on the courts caseload and the determination of the lender.

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writ, action, assupsit, bill, cause, suit, replevin, proceeding, presentment, litigation, indictment, cause, arraignment, bill, claim

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Are you certain that Florida even has a Writs of Replevin anymore (if they ever did). (See the highlighted note below.) Check with the Clerk of Court at your nearest Circuit Courthouse and they will be able to tell you.Definition follows:"Replevin is a action or a writ issued to recover an item of personal property which was wrongfully taken. Replevin, sometimes known as "claim and delivery", is an antiquated legal remedy in which a court requires a defendant to return specific goods to the plaintiff at the beginning of the action. The advantage of a writ (order) of replevin is that it deprives the defendant of the use of the property while the case is awaiting trial, therefore increasing the likelihood of a quick settlement.The plaintiff in a replevin action must have an absolute right to ownership of the property, and not be entitled to merely a temporary possession of it. The property sought must be of a unique and identifiable character. Therefore, a general amount of money cannot be sought under replevin, but a particular purse with identifable contents therein may be. Almost all states have made replevin an obsolete action, since the states have adopted "one cause of action" for all civil wrongs. Trying all related matters at one time is deemed to be a more efficient and cost-effective method of dispensing justice, rather than having separate hearings and trials on each issue." See: http://definitions.uslegal.com/r/replevin/


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