Your bank can file a Replevin action against you to repossess a property after you have missed various payments. As a matter of fact, the writ of Replevin is used by creditors to recover properties unlawfully held by a debtor.
Replevin is of Anglo-Norman origin, from the Latin “replegiare” that means “to redeem a thing taken by another”. Known as “claim and delivery”, the Writ of Replevin is an action of civil law appeared in the thirteenth century. It’s a lawsuit that enables a person to recover personal property that have been unlawfully or wrongfully taken or retained.
It’s important to distinguish a Replevin from a writ of attachment, a court order to attach or seize an asset. The writ of attachment is often used to freeze assets of a defendant while a legal action is pending; while a Replevin is a particular type of writ of attachment.
The writ is served by the Clerk of the U.S. District or Bankruptcy Court and issued by the U.S. Marshal or another person, expectably a law enforcement officer.
The writ is carried out within the State in which the District Court is located, unless it is later extended by a Federal statute or Court order.
The Writ of Replevin deprives the defendant of the use of the property which is of a unique person. The plaintiff may apply for a writ by a motion filed through a litigation lawyer.
Before the case goes to trial, the Court requires the defendant to return specific goods to the plaintiff who must have absolute right to ownership of the property. The court issues an order with the date and time of the hearing directed to the defendant. The order has to show why the property should not be taken from the defendant and delivered to the applicant.
Sometimes, the plaintiff is required to post a civil bond before the order is granted.
The Writ of Replevin is usually an efficient and less expensive method of making justice, rather than having separate hearings or trials. But it’s important to keep in mind that it does not provide compensation for any monetary loss arising for the loss of use any property or the return of any specific item.