${site.data.firmName}${SEMFirmNameAlt}
Practice Areas Menu
Providing South Carolina Court Representation To National Clients

Repossession vs. replevin: When to turn to replevin

Movies and television have popularized the "repo man," and the sight of muscle-bound men hauling away furniture, vehicles, and other possessions. Repossession is a well-known concept among the public.

Replevin is much less known--it can be more expensive and take longer, so most businesses choose not to utilize it.

However, there are several reasons to consider replevin when you are looking to recoup financial losses, and it may be a good option when you cannot use repossession:

Repossessing the property could cause a potential breach of the peace

This means no repossession efforts can use violent force or the threat of violent force. In addition, the act of repossession cannot provoke the debtors into violence themselves.

If a debtor has exhibited signs that they may become violent or agitated when repossession efforts are made, it may be in your best interest to turn to a replevin suit.

Requesting property and money judgment

If you are trying to bring a debtor to court, you can file a replevin order on the property and then deliver a financial judgment with the same lawsuit. This helps expedite the court proceedings and won't force you to file several different claims.

Property is hidden

If you cannot find the requested property when you are on the premise, then you cannot repossess it. Filing a replevin means that you do not need to physically locate property to claim it.

While repossession will always be the standard method companies use to recoup financial losses from debtors, sometimes it makes more sense to pursue replevin action.

If you are struggling to recoup assets owed to you, consider taking legal action.

No Comments

Leave a comment
Comment Information
EMAIL US FOR A RESPONSE

Contact our attorneys today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Firm Location

Crawford & von Keller, LLC
1640 St. Julian Place
Columbia, SC 29204

Phone: 803-470-0459
Fax: 803-790-1277
Map & Directions