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A replevin action is a court ordered seizure of the truck, trailer or equipment to be repossessed. There are 2 types of replevin actions available in most jurisdictions across the country. Local laws vary from jurisdiction to jurisdiction. This is an overview of the replevin process in general terms.
The
first is a regular replevin action. The process is as follows, your
attorney files the complaint with the proper court. The debtor is served
notice of the hearing and is provided an opportunity to file a response
and state his defense to the replevin if any. The court holds a hearing
and normally issues a seizure order. We take the court order and the
sheriff to the debtor, if he does not produce the truck, trailer, or
equipment the sheriff will take the debtor to the judge for a contempt
hearing. The debtor may be incarcerated until the collateral is
recovered or as long as the judge deems necessary. The second type of a replevin action is an emergency replevin. The process for an emergency replevin is as follows: The debtor in possession of the truck trailer or equipment to be repossessed must have made threats that they would destroy, conceal, or devalue the collateral if any attempt to repossess the item was made. The party the party made these threats to must sign an affidavit describing the threats the debtor made. Your attorney would file an emergency replevin action along with the affidavit. The judge would issue the seizure order, and require that you post a bond with the court. We take the seizure order, and the sheriff to the debtor. The debtor either surrenders the collateral or is taken before the judge for a contempt hearing. If the debtor voluntarily surrenders the collateral he is given 30 days to file an answer to the court as to why he should get possession of the item back.
Again this is just an overview of the replevin process. We are not dispensing legal advice without a law license. Please consult an attorney for any questions you have regarding replevin actions.
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