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Three FAQs about replevin actions

Creditors provide consumers with a great service. In exchange for providing consumers with much needed funds, the consumer can purchase goods. This transaction is completed with the trust that the consumer will pay back these funds.

Creditors have options when the consumer fails to follow through with their end of the bargain. One option to consider is a replevin action.

What is a replevin action?

A replevin action is, essentially, a lawsuit used to seize property purchased by consumer using funds provided by the creditor. A common example is the repossession of a car after the owner falls into default on payments to a secured loan.

How does a replevin action work?

Like any lawsuit, the action is filed with the court. The court than determines which party has the right over the property in question. If the action is put together well, the court will rule in your favor and you will receive the right to gain possession of the property.

This generally begins with a prejudgment remedy that allows the filer to take possession of the property until the lawsuit is concluded. The order allows a marshal to seize the property.

Do I need a lawyer for a successful replevin action?

Like all things in the legal world, there is not a short and easy answer to this question. However, having an attorney helps to better ensure that the replevin action is successfully carried out.

An interesting anecdote outlining the benefit of using an attorney was recently published in the American Bar Journal. The story involved an attempt to repossess a race horse in New York. The attorney was able to streamline the process, gaining valuable information that saved the client time and money.

The attorney was able to work with the marshals to meet all the requirements, requirements that were unique for repossession of a horse. Examples included bringing a vet to complete a check-up before the animal could be transferred as well as supplying a trailer to transport the animal. Since the attorney had everything prepared, the horse was seized on a first attempt instead of making repeated attempts to seize the animal.

Not everyone needs to repossess a race horse - but repossession of an automobile, mobile home, piece of commercial equipment or other property can be just as difficult. Having experienced legal counsel on your side can help ease the process.

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