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Replevin Actions

Most repossessors know that a replevin is a court ordered seizure of collateral. Most repossession agents do not realize that there are two different types of replevin actions that can be filed in court. What are the two types of replevin actions and which one is right for your situation?

A replevin is a lawsuit where a lien holder or owner of the vehicle asks the court to issue an order to seize the vehicle. There are two types of replevin actions that can be filed: regular replevin, and an emergency replevin.

In a regular replevin action the lender or owner files the case, the defendant is served and then the court holds a hearing to determine who should get possession of the vehicle. If the court determines the owner or lien holder should get possession of the vehicle, the court will issue an order to the defendant to release the vehicle to the owner or lien holder. If the defendant fails to comply with the court order, he may be held in contempt of court, fined, and be imprisoned.

In an emergency replevin action the lender or owner files the case and must demonstrate to the court that the collateral is in danger of being destroyed, transferred or in some other form of jeopardy. The court will issue the order of seizure, and have the vehicle seized. If the debtor refuses to comply he can also be held in contempt of court, fined and be imprisoned. Once the vehicle is seized by the court, the debtor is then entitled to have a hearing and show cause why the vehicle should be returned to him.

Repossession Service Replevin ActionFor either type of replevin action the lender or owner must post a bond with the court. The amount of the bond varies between courts and judges. Standard bond amounts are double the loan balance, or double the bluebook value of the collateral.

Almost any debt collection law firm will specialize in replevin actions. Most attorneys will charge between $2,500 to $5,000 for filing a replevin action. This does not include court costs, sheriffs fees for seizing the vehicle, or the cost of the replevin bond.

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