It can be immensely frustrating for creditors when a debtor will not pay their debt. In addition, a debtor’s lack of payment can be financially devastating.
Fortunately, creditors have several legal tools that they can use to collect payments. One of these is a replevin action. In this post, we will discuss replevin actions and how they can help creditors when it comes to collections.
Replevins: What to Know
A replevin action is a legal claim that allows the plaintiff to recover personal property or assets. The biggest difference between a replevin action and other lawsuits is that a replevin seeks the recovery of the actual property or asset in question rather than compensatory monetary damages.
While anyone can use a replevin action, including individuals and businesses in various industries, these tools are particularly helpful for creditors. For example, let’s say that a creditor holds the title to a certain piece of property. A replevin allows the creditor to reclaim this property if the debtor has not repaid their debt.
Filing a replevin
The first step to filing a replevin is to file a petition in civil court. After this, the plaintiff or their attorney must serve the paperwork to the defendant. The defendant can return the property or they can attend a court hearing to dispute the claim. If the defendant does not respond and the judge rules against them, then the county sheriff can execute the order, seize the property and deliver it to the creditor.
Cities and counties may have very different regulations when it comes to replevin actions. If a creditor wishes to use a replevin to collect on a debt, it would be wise to consult an attorney for advice.
