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

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2005-01-22 12:40:27
2005-01-22 12:40:27

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

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All legal forms can be obtained from the office of the court clerk of the court of jurisdiction.

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Under some circumstances, YES. Do you really want to go to jail for a car???? WHY cant they find a car YOU are supposed to be driving and paying for?? NO, you cannot be arrested....UNLESS, there is a "Writ of Replevin" (court order) that you must at that time turn the car over or tell the lender where the car is. Without the court order it is a civil matter and you CANNOT BE ARRESTED.

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In a nutshell it's not actually arresting per se, it's called replevin. Ford credit will get their attny to file a replevin on t heir behalf with the court. You will be served by a sheriff. The judge will give you a court date to appear and give you a time frame to produce the vehicle. If you do not produce the vhr the judge can have you put in jail for contempt of court. You will be held until the vehicle is produced. It's best to just give up the vehicle instead of hiding it and going through a replevin. Where you would only have the normal repo fees and balance due once te replevin is initiated you will have to pay legal fees also which can be thousands.

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If you received a court summons, you must attend the hearing. If you do not attend the hearing, the judge can put out a bench warrant for your arrest. Which is most unlikely in the UK as most judges will find against you as undefended for the full amount and award costs against you too. If you fail to pay, a high court writ will be issued and the sheriff will remove your goods to the value. As soon as the sheriff serves the writ all your goods are effectively his. If once your goods are inventoried you try to sell or otherwise dispose of them you are guilty of theft. Keep it simple, go to court, deal with it.

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Call the court or the Sheriff's Office and ask.

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Go to the court that issued the order, the Clerk Of Court office should have a copy on file that you can view.

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Contact Indiana DMV -or- the Clerk of the Court for the county in which the tickets were issued.

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As a Constable and repo agent the quick answer is simple: If you hide the collateral from a creditor you will find yourself in court as the creditor seeks an order of replevin. It is basically an order from the court forcing you to turn over the pledged collateral or face a charge of contempt. If You refuse and the judge finds you in contempt you can ( and should) find yourself in jail.

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Yes, they can. And then they can have charges filed against the borrower, the most likely suspect in the theft. They can also file for a replevin, a court order for the borrower to surrender the vehicle, and failing to do so can result in the arrest of the borrower on charges of contempt of court.

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The order must have been issued by a court and you had the opportunity to defend yourself. You must now obey the court order or you will find yourself in more trouble: contempt of a court order.

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Of course, it is called a "writ of replevin" and happens daily. I will cut and paste information on this subject:In creditors' rights law, replevin, sometimes known as "claim and delivery," is a legal remedy for a person to recover goods unlawfully withheld from his or her possession, by means of a special form of legal process in which a court may require a defendant to return specific goods to the plaintiff at the outset of the action (i.e. before judgment). In other situations, a party seeking relief may elect to adjudicate the right to possession prior to obtaining immediate relief to obtain the property in question. In such cases, replevin actions are still designed to afford the petitioning party a relatively speedy process for obtaining judgment, as compared to typical lawsuits. The summary remedy afforded by replevin statutes can be thwarted by defendants who contest the claimant's right to possession, by contesting the plaintiff's complaint, and insisting on traditional litigation involving discovery, and in some cases, trial by jury.Replevin actions are often filed by secured creditors seeking to take possession of collateral securing loans or other debt instruments, such as retail installment contracts. A common example is where an automobile finance company initiates a replevin action to gain possession of a vehicle, following payment default. Replevin actions are usually employed when the lender cannot find the collateral, or cannot peacefully obtain it through self-help repossession. Replevin actions may also be pursued by true owners of property, e.g., consignors seeking return of consigned property that the party in possession will not relinquish for one reason or another.

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In the federal system of the United States, a three tier system exists. The state system follows that pattern. At the bottom is the trial court. That court has original jurisdiction. Then above the trial court is an appeal court. The appeal court reviews the actions that occurred in a trial court. So the court of appeal would not have original jurisdiction. (I am always reluctant to use the word never. Someone will always find some arcane situation where it happened somewhere in some situation. I would use the words should never.) The Supreme Court of the United States has original jurisdiction in certain cases involving problems between states. The last time it issued a Writ of Habeas Corpus was 1924.

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You must call the Clerk of the Court (or Violations Bureau) in the city/county in which the ticket was issued. They do not routinely post this info on-line due to the volume of tickets issued.

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No, warrants are documents relating to criminal offenses. If the lender cannot find a vehicle due to the borrower's refusal to cooperate they can usually obtain an order of replevin from the court. This order allows them to enter the property (such as a locked garage) of the borrower or place where the vehicle might be and reserve the right to criminal and civil prosecution if the vehicle is not recovered. US states inact their own laws relating to repossession/recovery of property, these laws will differ in some instances where UCC laws do not apply.

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Depending on what your notice is for. If you are going to court to be a witness to an accident or a crime, probably not, if you are getting evicted from you home than 'yes' if you believe the eviction is wrongful.


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