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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.
What else can I help you with?
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 the difference between statement of claim and writ of summons?
A statement of claim is a document that outlines the details of a legal claim or lawsuit, including the facts and legal basis for the claim. A writ of summons is a formal document issued by a court to notify a defendant of a lawsuit and require them to appear in court. Essentially, the statement of claim provides the details of the case, while the writ of summons is the formal notification to the defendant.
What are the laws in the state of Texas regarding car repossessions and wage garnishment for a repossession?
In Texas, a creditor can repossess a car if the loan agreement has been defaulted. However, they cannot breach the peace during the repossession process. Wage garnishment for repossession is not permitted in Texas unless the creditor sues the debtor, obtains a judgment, and then seeks a writ of garnishment.
Can I serve a writ of garnishment to a bank?
Yes, you can serve a writ of garnishment to a bank in order to collect on a debt owed to you. The bank will then freeze the debtor's assets in the account up to the amount owed. It's important to follow the legal procedures and requirements for serving a writ of garnishment.
What is another word for a legal writ?
A legal writ can also be referred to as a court order or a legal mandate.
What is a writ of registration on a vehicle repossession?
A 'writ of REPLEVIN" maybe?
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.
How do you get a replevin?
get a lawyer they can help you with a writ of replevin.
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 the definition of the word replevin?
See link to other question:What is a writ of replevin?
Can car be repossessed on locked property?
It can if the lender gets a writ of replevin, the deputy can take it.
How long does it take the creditor to obtain a writ of plevin for a repossession?
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.
What in 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.
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.
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.
