Law & Legal Issues
What is 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.
Asked in Cars & Vehicles, Vehicle Titles, Repossession
What is a writ of registration on a vehicle repossession?
Asked in Auto Loans and Financing, Repossession, Torts
Can collector file a civil suit for repossession of a vehicle?
Asked in Repossession
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: http://wiki.answers.com/Q/What_is_a_writ_of_replevin#ixzz24FBZEADm
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.
Asked in Repossession, Driving Times, Brussels
How long does it take to get a writ or replevin to be served to take a car?
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?
Can a warrant be issued if you haven't turn the car in?
Asked in Repossession
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.
Asked in Repossession, Lions, Toronto
What is the SOL on a Writ of Replevin and how can you find out if one was issued by the court?
Asked in Law & Legal Issues
Must a replevin writ be served by the complainant?
Asked in Auto Body and Interiors, Mazda 6, Repossession
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/
Asked in Repossession
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.