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.
A 'writ of REPLEVIN" maybe?
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.
YES, its called a writ of replevin.
get a lawyer they can help you with 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.
See link to other question:What is 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.
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.
No, all that is necessary is a valid repossession order from the lender.
The amount of time it takes a creditor to obtain a writ of plevin for a repossession varies in each state. Based on the local court jurisdiction, processing times to obtain a writ of plevin may take between 15 and 60 days.
An action issued to recover an item of personal property wrongfully taken.
It can if the lender gets a writ of replevin, the deputy can take it.
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.
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
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.
If you get a Writ of Replevin from the court, which is expensive, then they will force whoever it is to surrender the car (I'm assuming you're talking about a car). If you are just repoing on a defaulted contract, then the police can be called to "keep the peace," but the debtor may tell you to leave and if you refuse, or "breach the peace," you can be arrested.
Writ Petition is nothing whereas Special Leave Petition is everything. ;9
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.
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.
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.
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.
A statement of claim is a description of the events leading to a claims. A writ of summons is a notice given to the defendant to address the claim.
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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.