answersLogoWhite
Law & Legal Issues
Repossession

What is a writ of replevin?


Top Answer
User Avatar
Wiki User
Answered 2007-03-12 22:09:56

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.

234
๐Ÿ™
0
๐Ÿคจ
0
๐Ÿ˜ฎ
0
๐Ÿ˜‚
0
User Avatar

Your Answer

Loading...

Still Have Questions?

Related Questions

How do you get a replevin?

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


What is a replevin suit?

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


What is a writ of registration on a vehicle repossession?

A 'writ of REPLEVIN" maybe?


When to get a writ of replevin?

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.


What is a writ of repossession?

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.


Can collector file a civil suit for repossession of a vehicle?

YES, its called a writ of replevin.


What in a writ of replevin?

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


Can car be repossessed on locked property?

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


In the state of North Carolina does the reposession man need a Writ of Replevin in in order to repossess a vehicle?

habeas corpus


What is repleven?

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.


What is a rit of reclaven?

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


How long does it take to get a writ of replevin?

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


What is the difference between a repossession and a writ of replevin?

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.


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

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.


After a Writ of Replevin has been granted by the court how long does the borrower have until wages are garnished if the collateral is not recovered?

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.


Can a warrant be issued if you haven't turn the car in?

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.


Another term for lawsuit is?

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


In the state of Florida can the repo man take possession of a vehicle without a writ of replevin?

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.


What is the SOL on a Writ of Replevin and how can you find out if one was issued by the court?

CALL the COURT. go to www.state."yourstateabreviation".us.com and look up the laws yourself. Good Luck


Must a replevin writ be served by the complainant?

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.


Can a writ of replevin be used to take a vehicle from a mechanic holding it for repairs?

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.


How long does it take to get an Order of Replevin in Florida?

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/


What is a replevin bond?

Just want to know what is a replevin bond in relation to an insurance policy.


Can the sheriff repo your car?

Yes, but only after he has legal paperwork from the Court. Sales contracts these days are designed to allow an easy repo by the seller to save costly delays, court costs to foreclose on your contract, and selling the vehicle at a Sheriff's sale. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX YES, when the sherif is involved it is when a "writ of Replevin" has been sought. wiki "replevin" it is in most of the fine print of contracts.


If the car is financed through a 'tote the note' car lot can a court order be filed if the car is not found?

To my knowledge, any leinholder can file a writ of replevin IF they show that the debtor is in DEFAULT of a contract with something as collateral.