Attorney Deanne Koll explains when a lender would need to obtain a Writ of Replevin to take possession of a debtor’s collateral.
Disclaimer: This video is designed to be educational and informative, but it is not legal advice. Collection law is constantly evolving and subject to change. Each situation is unique, and each case should be addressed to fit the unique situation.
Replevin actions are often filed by secured creditors seeking to take possession of collateral securing loans. A common example is where a lender initiates a replevin action to gain possession of a skidsteer it took as collateral for a loan, following default on that loan.
The replevin action is a request to the court for a judgment against the debtor so that the lender may take possession of (in our example) the skidsteer.
Sometimes, even after the lender obtains the judgment of replevin, the debtor will not voluntarily surrender the collateral. In those circumstances, it may be necessary for the lender to request a Writ of Replevin from the court.
A Writ is an order signed by the court directing the sheriff to assist the lender to repossess the collateral.
A Writ of Replevin must be used if the debtor is uncooperative in returning personal property. A lender may not, without the Writ (and the sheriff), enter the debtor’s property and remove personal property. The Writ gives the sheriff this right.